Tenant Gets Fees for Eviction Case

December 1, 2002

LVT Number: 16231

Landlord sued to evict tenant based on tenant's unauthorized installation and use of a washing machine in his apartment. The case was marked off the court's calendar. Landlord asked the court to restore the case. The court denied landlord's request and dismissed the case. Tenant then asked for attorney's fees. The court ruled for tenant. Tenant's lease had a clause granting landlord attorney's fees if landlord won an eviction case. So tenant was entitled to attorney's fees because landlord lost the case. The court awarded tenant $13,000.

Landlord sued to evict tenant based on tenant's unauthorized installation and use of a washing machine in his apartment. The case was marked off the court's calendar. Landlord asked the court to restore the case. The court denied landlord's request and dismissed the case. Tenant then asked for attorney's fees. The court ruled for tenant. Tenant's lease had a clause granting landlord attorney's fees if landlord won an eviction case. So tenant was entitled to attorney's fees because landlord lost the case. The court awarded tenant $13,000.

Binaku Realty Co. v. Penepede: NYLJ, 11/13/02, p. 19, col. 2 (Civ. Ct. Bronx; Fiorella, J)

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