Q: Will I be responsible for landlord's legal fees if I take them to small claims court and lose?
I am considering small claims court because my landlord has withheld my deposit and is asking for an additional $400. The unit was cleaned completely, with all aspects of their checklist followed, and there was no damage beyond ordinary wear and tear. They included 5 minor damages lumped together, with a combined real value of <$50, for which they demanded $1125. Because the charges were not itemized I have no idea where the prices are coming from, am I being charged $500 to replace a $5 door stop for example? Their charges are exaggerated and I believe that I can make a good case, the problem I am concerned with is can they bring a lawyer, railroad me, then charge me legal fees as well? I know that ordinarily they cannot recover legal fees in small claims court, but there is a part of the lease saying they can charge for reasonable legal fees resulting from enforcement of the lease/tenant's breech, would this apply to disputing damages? Any advice is greatly appreciated, thanks.
A: Yes, if you lose, under the rules for these types of claims, you would end up being responsible for their attorney's fees and court costs.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
