Log in

View Full Version : Landlord to sue former attorney who was tenant


LeslieCT
Jun 4, 2008, 12:26 PM
I have a 2 family and had a tenant that wanted to break a lease. I sent a letter in writing that when I new tenant was found we could break the lease.It was winter in NE, so it took a while. Tenant moved out, and kept stuff in the house for a month, while they moved to another place. They moved out 4 months. Early, paid the last month on the 25th, so I served an eviction and a lawsuit. They got out, but still owe me damages, attorney fees, and a month's rent. I forfieted the security for some of it.

Former tenant is a new atty. In the same town. I have an atty. Suing in regular court, not small claims, for : 1 months. Rent, damages, and over 2K in legal fees.
I have photos and a paper trail. Lease, etc.The Lease allowed for legal fees, in relation to the tenancy, and any legal matters.

Tenant may try to counter my claim because of being an atty. Does anyone know if legal fees are ever paid back to the landlords in these cases? Are most the cases resolved before they get to court?

LisaB4657
Jun 4, 2008, 12:29 PM
If your lease allowed for you to get legal fees then you absolutely should get them. The only time I ever saw a judge not grant legal fees was when the landlord filed a frivolous lawsuit.

Yes, they will probably try to mediate your case before it goes to trial. But do not accept a settlement unless you feel that it is a good one for you. Follow your attorney's advice.