Tenant Needn't Pay Attorney's Fees to Avoid Eviction

September 30, 1995

LVT Number: 10039

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed eviction on the condition that tenant pay landlord's $125 attorney's fees. Tenant appealed, claiming he shouldn't have to pay the attorney's fees to avoid eviction. The appeals court ruled for tenant and awarded landlord a money judgment only for the attorney's fees. Nonpayment of legal fees can't be tied to a possessory judgment for the apartment.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed eviction on the condition that tenant pay landlord's $125 attorney's fees. Tenant appealed, claiming he shouldn't have to pay the attorney's fees to avoid eviction. The appeals court ruled for tenant and awarded landlord a money judgment only for the attorney's fees. Nonpayment of legal fees can't be tied to a possessory judgment for the apartment.

MTA Management v. Crespo: NYLJ, p. 26, col. 1 (9/22/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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