No Fees to Landlord in Nonpayment Case

July 31, 2000

LVT Number: 14267

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court gave tenant a 10 percent rent abatement and otherwise ordered her to pay three months of back rent due. Landlord then asked for attorney's fees. The court ruled against landlord because it didn't win the case entirely. Landlord appealed and lost. Tenant had to withhold rent to get landlord to correct the leak in her bedroom ceiling and got a rent abatement. So landlord wasn't the prevailing party and wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court gave tenant a 10 percent rent abatement and otherwise ordered her to pay three months of back rent due. Landlord then asked for attorney's fees. The court ruled against landlord because it didn't win the case entirely. Landlord appealed and lost. Tenant had to withhold rent to get landlord to correct the leak in her bedroom ceiling and got a rent abatement. So landlord wasn't the prevailing party and wasn't entitled to attorney's fees.

45 Tiemann Assocs. v. Aranovich: NYLJ, 7/20/00, p. 22, col. 2 (App. T.1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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