Legal Question in Landlord & Tenant Law in California

Can my apartment complex charge me their attorney fees after filing for eviction if I paid my rent in full before a court date was set and it is not mentioned in the lease agreement?

Asked on 10/18/13, 11:15 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

No statute or case law authorizes awards of attorney fees in unlawful detainer actions generally. (Selma Auto Mall II v. Appellate Department (5th Dist. 1996) 44 Cal.App.4th 1672, 1684.) A landlord cannot recover attorney's fees as costs, unless they are provided for in a written lease or rental agreement.

That law, however, deals with a situation where the landlord is successful in the unlawful detainer action, and has obtained a judgment of possession. The landlord does not have to accept your late rent after expiration of a notice to pay rent or quit. If he does so, as part of a settlement, he or she may ask for his or her attorney's fees as part of any settlement. In that situation, the issue depends on whether you want to pay that and get out of the eviction, or get evicted.

Read more
Answered on 10/19/13, 11:44 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California


Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Landlord & Tenants Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now