Lease Provides for Fixed $100 Award to Landlord

July 31, 1999

LVT Number: 13393

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord asked for attorney's fees. The court then ruled against landlord, and landlord appealed. The appeals court ruled for landlord, in part. Tenant's lease stated that landlord was entitled to $100 in attorney's fees if a nonpayment notice was sent. So landlord should get this amount. But landlord's claim for a 5 percent monthly late charge was dismissed. This amount was unreasonable.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord asked for attorney's fees. The court then ruled against landlord, and landlord appealed. The appeals court ruled for landlord, in part. Tenant's lease stated that landlord was entitled to $100 in attorney's fees if a nonpayment notice was sent. So landlord should get this amount. But landlord's claim for a 5 percent monthly late charge was dismissed. This amount was unreasonable.

Parkchester Apts. Co. v. Dietrich: NYLJ, p. 26, col. 1 (7/27/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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