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The Leasing Hotline
ATTORNEYS' FEES
Where a tenant is in default of a lease by failing to allow a landlord access to perform repairs, the tenant will be responsible for the landlord's attorneys' fees under the terms of the lease. Huron Associates v. 210 East 86th Street Corp, 4947N, Supreme Court of New York, Appellate Division, First Department, May 5, 2005.
A tenant refused to provide access to the landlord to perform steel bracing and column reinforcement. The court found that the tenant was in default, but failed to award the landlord attorneys' fees. The landlord appealed, and the appellate court reversed in part and awarded the landlord attorneys' fees. It held that the landlord had a right of access to make building improvements and that the tenant's default permitted the landlord to recover attorneys' fees. Under the terms of the lease, the landlord was entitled to recover attorneys' fees upon any default of the lease. The court noted that it was not because the landlord prevailed in the litigation that it was entitled to the award of attorney's fees; attorney's fees were an agreed-upon consequence of failure to comply with the terms of the lease.
ATTORNEYS' FEES
Where a tenant is in default of a lease by failing to allow a landlord access to perform repairs, the tenant will be responsible for the landlord's attorneys' fees under the terms of the lease. Huron Associates v. 210 East 86th Street Corp, 4947N, Supreme Court of
A tenant refused to provide access to the landlord to perform steel bracing and column reinforcement. The court found that the tenant was in default, but failed to award the landlord attorneys' fees. The landlord appealed, and the appellate court reversed in part and awarded the landlord attorneys' fees. It held that the landlord had a right of access to make building improvements and that the tenant's default permitted the landlord to recover attorneys' fees. Under the terms of the lease, the landlord was entitled to recover attorneys' fees upon any default of the lease. The court noted that it was not because the landlord prevailed in the litigation that it was entitled to the award of attorney's fees; attorney's fees were an agreed-upon consequence of failure to comply with the terms of the lease.
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