Annoying LL

[billyc]

I just got a letter from my LL attorney saying that i owe $2200 for legal charges from LL taking me to court when he was trying to evict us. I have not lived in Apt. for 7 months now and am living in another state can LL do this ? the cases were settled before we even got to the judge I paid all rents due and am just surprised by the letter received. Apt. was rent controlled if anyone can help it would be greatly appreciated.

[TenantNet]

Is the letter accompanied by an order of the court? I doubt it. Legal fees can be awarded ONLY by a court order. As you said, the case was settled. Was it settled by stipulation? Did the judge sign it, or "so-ordered" it? What exactly did the stipulation state?

The awarding of fees is usually done after a trial where the lawyer for the "prevailing party" states what the fees are and how they are calculated.

Also, as you are out-of-state, it would be difficult (although not impossible) for them to collect even if it was legit. Make sure you have no assets in New York state.

You can also report the attorney to the NYC Association of the Bar. Just make sure what they are claiming is not legitimate.

[ronin]

If the attorney is based in Manhattan or Bronx:

Departmental Disciplinary Committee for the First Department
61 Broadway, 2nd Floor
New York, NY 10006
(212) 401-0800

If the varmint is located in Kings, Queens & Richmond Counties
Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts
Renaissance Plaza
335 Adams Street, Suite 2400
Brooklyn, NY 11201-3745
(718) 923-6300

[billyc]

Thanks for the information folks no there was no order from the court with it , it just staated that he was going to put it on my credit report which i have been working very hard to get cleared up which we all know is not easy, but again thank you both for your help.
Billy

[TenantNet]

Legal fees can only be awarded by the court. This sounds like intimidation tactics. Even if he doesn't follow through, I'd report him to the Bar Association for unethical behavior.

BTW, chances are the unit was rent stabilized, not rent controlled. That makes no difference in your situation.