Tenant Gets Fees for Case Started After He Moved Out
LVT Number: 17397
Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default and gave him a judgment for back rent owed. Tenant later asked the court to vacate the judgment. Tenant had moved out of the apartment three months before landlord started the court case. Landlord had accepted tenant's surrender and refunded his security deposit. The rent landlord sued for was rent for a period after tenant moved out. Tenant also asked the court for attorney's fees. The court ruled for tenant. Landlords can't sue tenants for nonpayment in housing court after they move out. When that happens, landlords must start ''plenary'' proceedings in civil court. And in this case, landlord's actions were frivolous. So a hearing would be held to determine how much in attorney's fees landlord had to pay tenant.
225-251 W. 109 LLC v. Khardori: NYLJ, 6/9/04, p. 22, col. 1 (Civ. Ct. NY; Schreiber, J)