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Posted by New York Tenant on July 24, 2001 at 14:07:01:

In Reply to: Re: To Withhold rent or not? posted by snorkel on July 24, 2001 at 13:57:29:

If your landlord is overcharging you, it's good if your lease has an attorneys' fees clause. That clause triggers Section 234 of the Real Property Law, and enables you to collect your attorneys' fees from the landlord, if you decide to withhold the rent and enter a counterclaim for treble damages for an overcharge.

Your lease is still valid, but your landlord is entitled to the legal rent only -- not to the rent stated in the lease.
 
:
: Unfortunately, my lease does have a provision that I pay the LL's attorney fees. But, is the lease actually valid if he never provided me with the rental history and has been overcharging me as well?

: : Does your lease have a provision that provides that you pay the landlord's attorneys' fees? If so, Section 234 of the Real Property Law allows a tenant to collect his/her attorneys' fees.

: : However, Section 234 will probably apply only in the successful defense of a summary proceeding in housing court.
: :  

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Comments:
: If your landlord is overcharging you, it's good if your lease has an attorneys' fees clause.  That clause triggers Section 234 of the Real Property Law, and enables you to collect your attorneys' fees from the landlord, if you decide to withhold the rent and enter a counterclaim for treble damages for an overcharge.  

: Your lease is still valid, but your landlord is entitled to the legal rent only -- not to the rent stated in the lease.  
:  
: :
: : Unfortunately, my lease does have a provision that I pay the LL's attorney fees. But, is the lease actually valid if he never provided me with the rental history and has been overcharging me as well? 

: : : Does your lease have a provision that provides that you pay the landlord's attorneys' fees?  If so, Section 234 of the Real Property Law allows a tenant to collect his/her attorneys' fees.  

: : : However, Section 234 will probably apply only in the successful defense of a summary proceeding in housing court.  
: : :  


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