Ask Experts Questions for FREE Help !
Ask
    LeslieCT's Avatar
    LeslieCT Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 4, 2008, 12:26 PM
    Landlord to sue former attorney who was tenant
    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's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #2

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Tenant landlord law [ 6 Answers ]

Last Saturday my roommate up and moved out while I was at a baseball game. We have a signed lease which I am assuming makes it a binding contract and her liable for the remainder of the lease. But my real question is... the landlord allowed her to sign a lease to live in another apartment on the...

Landlord (who is an attorney) BREAKING LAW? [ 2 Answers ]

THIS QUESTION IS FOR CALIFORNIA CODE ONLY: My lease for my apartment was for 1 year, starting February 1, 2005 and ending January 31, 2006. After January passed, I just continued making monthly payments on the 1st of the month. I assume from then on I have been on a month-to-month lease. I...

VA landlord/Tenant [ 1 Answers ]

I have a tenant who has been late with rent since January and is late for May and I will get the money June for May. I have felt sorry because she has children but should I send her a letter and say what?


View more questions Search