Legal Question in Real Estate Law in New York
Nov 5 2010 we payed the rent before the Hearing so we didn't have to go now after
6 months it time for us to renew are lease and and the agent is saying it can't be renewed because we owe lawyer fees from Oct of 2010 we never received any letters saying we had to pay lawyer fees now don't we have to pay lawyer fee if we never went to court and cant they refuse to renew the lease on these grounds
oh and this is in the orange county State of New York orange county
thank you Paul
1 Answer from Attorneys
Even though your lease may have said you pay attorneys' fees, the amount of attorneys' fees has to be fixed by a court hearing. However, unless you are covered by the Tenant Protection Act (Rent Control or Stabilization) the landlord has no obligation to renew your lease. Therefore they can impose other conditions, such as your payment of the attorney fees.
Here's the critical point: if you have a stabilized or controlled lease, then the landlord is obligated to send you a renewal notice and renew your lease upon acceptance. If not, then the landlord has no obligation to retain you as a tenant.
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