TenantNet Forum

Where tenants can seek help and help others



Landlord's Attorney's and Legal Fees

NYC Housing Court Practice/Procedures

Moderator: TenantNet

Landlord's Attorney's and Legal Fees

Postby luckyredpr » Sat Apr 01, 2006 3:51 pm

The last time I went to court with my Landlord, I did sign a Stipulation without giving up my right to continue to fight the key issue - preferential rent.

The Landlord's Attorney entered nothing in the Stipulation about my being responsible for the Landlord's legal fees. (I had, about two years previously, signed a Stipulation and agreed to pay a portion of the Landlord's legal fees.) It was brought up with the Judge before the Stipulation was written. I requested an accounting of the bill - attorney's billable hours, messenger fees, server fees, court filing fees, etc. The landlord's attorney ignored the question and nothing more was said about the fees.

In the monthly statement the landlord sends me, they have continued to list legal fees. And, when in an effort to get ahead on the rent, I sent a check for more than they said was do for the rent, they applied the overpayment to the legal fees, not to the rent.

Every check I have given them says has said either "Rent" or "Deposit".

I have since found out that two tenants, when they have gotten behind in the rent, have been assessed a legal fees of $273.00, even though they were not served with legal notices. When they paid the rent, their money was applied to the legal fees. So, this is a practice of the landlord - to apply legal fees when a tenant is behind.

In going through my rental history of payment, I see that there have been times when I was late on the rent and this $273.00 fee was assessed with no legal action on the part of the Landlord. This fee was assessed when I was as little as eight days late with my rent.

My question is, do I owe this fees with no itemized accounting of the amount and no Court Judgement or Stipulation stating I owe these fees?

Sorry for the long explanation. I wanted to give as much information as possible.

Thank you for any help you can give.

Maria
luckyredpr
 
Posts: 38
Joined: Thu Sep 22, 2005 1:01 am
Location: New York

Re: Landlord's Attorney's and Legal Fees

Postby Anna » Sun Apr 02, 2006 10:02 am

"My question is, do I owe this fees with no itemized accounting of the amount and no Court Judgement or Stipulation stating I owe these fees?"

NO.
Anna
 
Posts: 2538
Joined: Mon Jul 22, 2002 1:01 am
Location: Manhattan

Update

Postby luckyredpr » Wed Mar 26, 2008 7:23 pm

This matter is still an issue for me as:

1) The LL has applied rent payments to "legal fees" without a court order or stipulation.

and

2) Though I have asked in court and had it granted in a stipulation, I have received not detailed billing information for these "legal fees".

Any advice on what I can do to recoup this money or at least have it applied to my rent?

Thank you.
luckyredpr
 
Posts: 38
Joined: Thu Sep 22, 2005 1:01 am
Location: New York


Return to Housing Court - NYC

Who is online

Users browsing this forum: No registered users and 23 guests