No Attorney's Fees Without Proof of Lease Provision

April 7, 2012

LVT Number: #23997

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding him $620 in back rent and $750 in attorney's fees. Tenant appealed, contesting the attorney's fees, and won. Landlord didn't submit any lease into evidence to prove he was entitled to attorney's fees and, therefore, wasn't entitled to them.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding him $620 in back rent and $750 in attorney's fees. Tenant appealed, contesting the attorney's fees, and won. Landlord didn't submit any lease into evidence to prove he was entitled to attorney's fees and, therefore, wasn't entitled to them.

Evans v. Tracy: NYLJ, 3/15/12, p. 31, col. 2 (App. T. 2 Dept.; Nicolai, JP, Molia, Iannacci, JJ)

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