Legal Question in Landlord & Tenant Law in California

do i have to pay for legal fee after a unlayful detainer has been served

i have been served an unlawyful detainer, do i have to pay for legal fees with the past due rent or can I deliver the past due to continue occupancy


Asked on 11/24/06, 4:23 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: do i have to pay for legal fee after a unlayful detainer has been served

You cannot continue occupancy no matter what you do unless the landlord gives you permission. If the landlord requires attorney fees in order for you to stay, then that is what you will have to pay. But don't count on it. Your landlord probably has a lease that already enttitles him to attorney fees, so he does not need to negotiate anything with you. If you move out before the U.D. trial date and hand over the keys, you or your attorney can ask the judge to dismiss the case. The opposing counsel can ask the judge to convert the case into a civil case. But at least you will keep an Unlawful Detainer Judgment from going on your credit report.

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Answered on 11/25/06, 11:40 pm


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