Legal Question in Landlord & Tenant Law in New York
Can you stipulate in a NY lease about tenant paying legal fees
Can you stipulate in a residential lease agreement in New York that the tenant will be responsible for all legal costs incurred due to that tenants issues or non payment, eviction and all other.
2 Answers from Attorneys
Re: Can you stipulate in a NY lease about tenant paying legal fees
Yes, you can. However, if you state that the tenant is responsible for legal fees should they violate lease, etc. then, even if it is not written, the tenant has the same right to seek legal fees from you should you violate terms of lease, etc.
Debra Palazzo
Re: Can you stipulate in a NY lease about tenant paying legal fees
While the landlord can request such a clause in the lease, you are not required to approve it. It is a subject for negotiation. In addition, if the landlord loses any legal action, he cannot recoup his legal expenses from you. Further, you can recoup your legal expenses from the landlord if the clause is included. The winner gets reimbursed for his/her legal expenses.You are welcome to a consultation at my offices for no charge at 42 wEST 44th st, ny,ny. Please call for an appointment first (646) 591-5786.
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