Legal Question in Landlord & Tenant Law in New York

Re: Am I liable for legal fees

For the most part, the only way a landlord can collect attorneys' fees from a defaulting tenant is if the lease agreement allows for such an award. Specifically, if you have a lease agreement and if that lease provides for an award of attorneys' fees to the prevailing party and if the Landlord wins in court, then you may be responsible to pay his legal fees.

By the way, you may have a defense that the Nov 5 voicemail from landlord stating that you had until Nov 30 to get caught up with rent is a waiver of the Landlord's right to bring the action before Nov 30.

If you get served with legal papers, I recommend that you contact an attorney to explore your legal rights, obligations, and alternatives. Feel free to call me if you wish discuss retaining my services: (516) 256-7737 or (212) 239-2460.

Please note: This answer is not legal advice and does not create an attorney-client relationship. It is merely a comment on the legal question presented and should not be relied upon unless and all the facts have been uncovered and until an attorney-client relationship is entered into. Entering into an attorney-client relationship would require signing a retainer agreement and depositing a retainer to secure payment of legal fees.

Good luck.

Rachel

Re: Am I liable for legal fees

Most likely you will not have to pay for attorneys fees unless you lose on trial or default on your lease. Do yourself a favor, call the landlord and let him know that you have every intention of paying by the 30th but you need more than 5 days. Then pay it. If you don't pay by the 30th, expect to get sued.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Am I liable for legal fees

It is not as bad as the lawyer is telling you.

It takes time to evict a tenant and the judge can be talked into giving you until November 30.

If you have your money by Nov 30, you will be ok.

You are welcome to a consultation for no fee. My fee to handle this matter would be 250.