Rent Demand Asked for Attorney's Fees

April 1, 1995

LVT Number: 9596

Landlord cooperative corporation sued to evict tenant shareholder for nonpayment of rent. Tenant claimed that landlord's three-day demand notice was defective because it contained a demand for attorney's fees as additional rent. The court ruled for tenant and dismissed landlord's petition. A number of earlier court decisions had already established that landlords couldn't demand attorney's fees in three-day notices sent to rent-regulated tenants. At that point, landlords could only demand the rent due.

Landlord cooperative corporation sued to evict tenant shareholder for nonpayment of rent. Tenant claimed that landlord's three-day demand notice was defective because it contained a demand for attorney's fees as additional rent. The court ruled for tenant and dismissed landlord's petition. A number of earlier court decisions had already established that landlords couldn't demand attorney's fees in three-day notices sent to rent-regulated tenants. At that point, landlords could only demand the rent due. If lease clauses provided for attorney's fees, landlords should demand them in their petitions. The same rule should apply to cooperative tenants.

200 East 74 Corporation v. Dallas: NYLJ, p. 26, col. 4 (3/15/95) (Civ. Ct. NY; Payne, J)

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