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Do I pay landlord's legal fees?

NYC Housing Court Practice/Procedures

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Do I pay landlord's legal fees?

Postby MoxieNYC » Sat Mar 05, 2005 12:01 pm

In late 2004, I was in holdover proceedings due to an eviction notice. The basis of the claim was that I was a "noise disturbance."

The judge ruled for probation, not eviction, and the eviction hearing never went to trial. So, I paid the 6 months worth of rent I owed (due to it not being accepted during the time I was involved in the holdover proceedings) on time in one lump sum.

I have not paid my Jan/Feb/March rent in full yet. I sent my landlord 2 checks 1 for $500 (payable immediately) and one for $2700 (payable march 20th) which would bring me current with my rent.

They deposited the $500 check.

Yesterday, I received a three day notice for not only my three months rent - but for almost $3000 worth of legal fees, which I am assuming is from the holdover proceeding.

My landlord is telling me that I am to pay the $3000 in lpoegal fees by the end of the month.

When the eviction/holdover proceeding was settled, my agreement stated that I owed the six months worth of rent, but did not state that I owed any legal fees.

When I got my January rent receipt, there were legal fees included. I asked my lawyer about it and he said that all Iwas responsible for was my rent.

Am I responsible to pay my landlord's legal fees?
MoxieNYC
 
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Re: Do I pay landlord's legal fees?

Postby Downtown » Sat Mar 05, 2005 12:30 pm

LL is not obligated to accept partial payment. Also be aware that post dated checks can be cashed when received.
That said in the future clearly mark the month and year that you are paying...rent for_____.
The court did not reward any legal fees...as case is not closed. Check your lease to see if this has been addressed.
Downtown
 
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Re: Do I pay landlord's legal fees?

Postby Buildscharacter » Tue Mar 29, 2005 3:47 pm

On a side note, what if your lease states (in a rider) that you are responsible for his legal fees? Is that a legal rider? Or does that have to be awarded by the court?
Buildscharacter
 
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