Legal Question in Real Estate Law in New York

Landlord's legal fees

I filed 2 complaints w/DHCR; landlord responded via attorney although DHCR mediates gratis; after filing I had surgery & withdrew complaints to work on recovery; I advised landlord & he said he responded to DHCR that day, never mentioned attorney, but I am being charged for legal fees. From my lease:

8. FEES&EXPENSES: If the tenant shall fail to pay the rent or any item of additional rent when due or shall otherwise fail to obey any agreement, promise or perform any duty & the landlord shall be required to spend any money or become obligated to expend any money, including, but not limited to attorneys fees in prosecuting any action or proceeding, including a summary proceeding against the tenant or in bringing any action against a person not a party to this lease, or in defending any action or proceeding brought by a person not a party to this lease, such expense shall be deemed addtional rent. Landlord may enforce the payment of any item of additional rent by a summary proceedings.

Doesn�t the above state that the landlord can only enforce the payment of fees if a person not a party to the lease brings an action against him? I am a party to this lease, so am I not protected; he was not required to spend any money.


Asked on 8/27/02, 5:08 pm

2 Answers from Attorneys
John Friedman Law Office of John K. Friedman

Re: Landlord's legal fees

I believe your read of the lease provision is correct in general. There is some question of the understanding of the term "prosecution" as used in the paragraph but in general I believe your interpretation would prevail in court absent some contradictory authority (essentialy caselaw). You would need to understand what the definition of "Additional Rent" is in the lease as it is referenced in the first sentence of the provision in your message. You would also need at least a summary review of relevant case law in your county and the state generally to understand how the courts understand these issues in toto.

Good luck.

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Answered on 8/27/02, 10:04 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Landlord's legal fees

LANGUAGE SEEMS TO PERMIT FEES IF LITIGATION IS NECESSARY. BUT THAT ALSO SHOULD DEPEND ON THE FINAL DECISION. IF THE LANDLORD IS FOUND TO BE AT FAULT, HE SHOULD NOT BE ALLOWED TO COLLECT. BY WITHDRAWING YOUR COMPLAINTS, YOU MAY HAVE CREATED THE LIABLITY. LEASE LANGUAGE INVOLVES THE TENANT, NOT THIRD PARTIES.

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Answered on 8/28/02, 12:58 pm


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