Midboro Management, Landlord v. Epperson

This is a summary nonpayment proceeding wherein landlord seeks to evict the tenant on the latter’s alleged failure and refusal to pay rent for the months of May and June, 1963 and additional rent as expenses in the nature of reasonable attorney’s fees incurred by it in a prior holdover proceeding litigated between the parties.

The provision in the lease between landlord’s predecessor in interest and the tenant herein, which expired on December 31, 1948 and which landlord invoked to recover its said attorney’s fees as additional rent, reads as follows: “17. If tenant shall default in the…