Bell Nunnally Associate Catherine B. Baldo and Senior Associate T.J. Hales authored The Texas Lawbook article “Up-and-coming or Uninhabitable? RHONY Stars Erin and Abe Lichy’s Tribeca Lease Dispute Analyzed Under New York and Texas Law.”

The article explores a legal dispute showcased on the TV show Real Housewives of New York (RHONY) where characters Erin and Abe Lichy were sued for unpaid rent and have countered with a defense that unpaid amounts were concessions by the landlord due to unsanitary conditions (rats) in their apartment.

Baldo and Hales, using this celebrity suit, walk readers through how New York and Texas law treat such landlord-tenant disputes, examine possibilities of success for either side and consider takeaways for commercial landlords and tenants who might face a similar legal course of action.

Baldo and Hales close the article by noting:

Even though the case is still in its infancy, it offers lessons for landlords and tenants. First, the parties should document the condition of the space before and after the tenant takes possession. Taking pictures and videos, making sure they are dated or stored in a place reflecting the date they were taken and keeping a written record of the conditions as observed will help to reduce factual disputes later. Additionally, both parties should be sure to comply with applicable notice provisions. Much of the time, the lease will contain specific notice provisions that both parties must comply with to bring issues to the other party’s attention. Both parties should also ensure no statute or other law requires further or particular notice. Finally, as with most documents related to real estate, it is important to get any rent abatements, rent concessions or amendments to the lease in writing and signed by landlord and tenant.

To read the full article, please click here.