TenantNet Forum

Where tenants can seek help and help others



Attorney's Fee Hearing

NYC Housing Court Practice/Procedures

Moderator: TenantNet

Attorney's Fee Hearing

Postby WVNYCM » Sun Jun 03, 2007 8:06 pm

Irepresented myself in a a non-payment case and lost after a 2 day trial, the Landlord is now seeking $20,000 for attorneys fees. (the total rent won was $2500) My defense to the trial was based upon the warrenty of habitability. There is an attorny fee clause in my Lease. Is $20,000 reasonable? What questiosn do I ask the other side to get the fees down? Can I subpoena the firms retainer with my Landlord, maybe the Landlord less, then what they are seeking to charge me. Please Help.
WVNYCM
 
Posts: 2
Joined: Sun Jun 03, 2007 7:58 pm

Postby misstwilo » Mon Oct 22, 2007 11:21 pm

What happend to your case...? $20.000 seems excessive to me. How did this all go down like this...? How did you claim BWH....?
misstwilo
 
Posts: 23
Joined: Sat Oct 20, 2007 1:54 pm

Postby elderlytenant » Tue Oct 23, 2007 5:10 am

WVNYCM:

This is an old thread. If WVNYCM is still reading this thread, I too would like to have the information requested by diksor.

LLs may demand whatever they want to scare tenants. I believe, regardless of attorney fee clause in the lease, tenant is not liable for LL’s attorney fees unless awarded by the court.
elderlytenant
 
Posts: 102
Joined: Sat Aug 05, 2006 6:34 am
Location: New York City

Postby misstwilo » Tue Oct 23, 2007 7:32 am

I think you are right, no award of attor. fees unless judge orders too or it's specified in the first lease. Anyhow: the author states he/she lost the case but also mentiond "...rent won $2500...". If you win rent not being obligated to pay to the LL you didn't lose the trail, the court rendered a judgment in our favor. No...?
misstwilo
 
Posts: 23
Joined: Sat Oct 20, 2007 1:54 pm

Postby cestmoi123 » Tue Oct 23, 2007 7:51 am

Diksor, I read the OP to say that he/she LOST the case, and hence the LANDLORD won the $2500.

As to attorney's fees, well, that would depend on how much the landlord actually spent, and how much the court considers reasonable to have spent. If the landlord only spent $5k, then he clearly can't get $20k.

That being said, $20k isn't that much. It's high in the landlord/tenant world, but it'll barely buy you two weeks of time from the cheapest brand-new associate at one of NYC's better law firms.
cestmoi123
 

Not so good

Postby WVNYCM » Tue Oct 23, 2007 1:02 pm

The Landlord presented bills for over $20,000.00, the Judge ended up awarding them $8000 because he blamed me for the case not settling.
WVNYCM
 
Posts: 2
Joined: Sun Jun 03, 2007 7:58 pm


Return to Housing Court - NYC

Who is online

Users browsing this forum: No registered users and 42 guests