Can a tenant obtain attorney's fees under section 234 of the Ontario Lease Act?
"New York", United States of America
The following excerpt is from 68 S.P. Realty LLC v. Lawton, 3 N.Y.S.3d 287 (Table) (N.Y. Civ. Ct. 2014):
Section 234 is reciprocal; it creates a mutual obligation. It gives a tenant the same benefit the lease provision imposes in favor of the landlord. It creates a level playing field. In light of Matter of Duell v. Condon, can we say that under section 234 a tenant may obtain attorney's fees in circumstances where the landlord cannot? This court concludes that we cannot.
The words of section 234 are helpful:
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