can a landlord who is an attorney collect attorney fees from a tenant

Yes. If the lease provides for attorney fees for a landlord upon the tenant`s breach of the lease, the landlord may recover attorney fees. Attorney fee provisions must be carefully drafted in favor of the landlord to insure the landlord`s rights, otherwise a tenant may challenge the attorney fee provision.

Full Answer

How much does it cost to hire an attorney for landlord/tenant?

Nov 21, 2008 · However, though attorney fees may be awarded in landlord-tenant cases, a tenant must be careful. Attorneys’ fees will only be awarded to the "prevailing party," i.e., where there has been a final judgment. If the landlord wins in the end, then the landlord will be deemed to be the prevailing party and the tenant will have to pay his landlord’s attorneys’ fees.

Do I need a lawyer for a tenant-tenant dispute?

Yes. If the lease provides for attorney fees for a landlord upon the tenant`s breach of the lease, the landlord may recover attorney fees. Attorney fee provisions must be carefully drafted in favor of the landlord to insure the landlord`s rights, otherwise a …

Can a landlord collect legal fees from a tenant in NY?

Oct 26, 2016 · Landlords generally cannot recover attorney fees in an eviction case against a tenant. A landlord who prevails in an eviction case is entitled to the “costs” of the case, but this is generally limited to the filing fee of the lawsuit, and not …

Can a landlord collect legal fees if a tenant successes a relative?

Jun 11, 2012 · by Gary Nissenbaum | Jun 11, 2012 | Business Lawsuit Blog | 0 comments. Landlords are generally the parties that prepare the lease agreements into which their tenants enter. This unequal bargaining power typically allows landlords to insert language that requires tenants to pay the landlord’s attorney’s fees for any legal claims that arise out of their …

Can a landlord claim legal costs?

It is important to bear in mind that the award of costs is always at the discretion of the court. If a landlord loses the claim they won't be entitled to recover their costs, whatever the lease says!Sep 16, 2015

Can a landlord charge a tenant for legal fees NY?

"New York has a wonderful law that says that any time a lease allows for a landlord to collect fees, the court has to award it bilaterally," he says. "This means that if the tenant wins, then the landlord has to pay their legal fees. This gives tenants a very powerful weapon in defending cases brought by landlords."Jun 20, 2018

Do I have to pay my landlords court costs?

You usually have to pay court fees to take legal action. Fees can be reduced or waived if you claim benefits or have a low income.Mar 18, 2020

Are tenancy fees legal?

From 1 June 2019, when the Tenant Fees Act comes into effect, it's illegal for a letting agent to charge you fees when you rent a new property, or renew your tenancy. ... It's part of the Mayor's commitment to make renting in London better and more affordable.

Can I take my tenant to court for damages?

Damage to the Property: A landlord can sue a tenant if the tenant has caused damage to the property. ... If the security deposit does not cover the amount of damage done, you can take your tenant to court to hopefully get the rest of the money you are owed.Dec 1, 2020

How long does a landlord have to sue for damages in NY?

The statute of limitations "clock" starts running on the day the property damage occurs. So a New York property owner has three years from that date to get any civil lawsuit filed against the person who caused the damage or destruction.

Can NYC landlords charge late fees?

Late Fees. Late fees can only be charged if rent is received more than five days after the due date established in the lease, and cannot exceed $50 or five percent of the rent, whichever is less. *The 14 day return of a security deposit does not apply to rent regulated tenants.

Can you sue landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.Jul 1, 2021

What can I do if my landlord breached the tenancy agreement?

If your landlord breaches the terms of the lease you can take legal action against them to court. This is because the lease is a contract between two parties (the leaseholder and the landlord) and any actions for breach can be enforced via the courts.

Can I claim eviction costs from tenant?

You can include in your contract a term allowing you to claim all your reasonable costs of obtaining possession from the tenant. If you wished to do this you would have to produce a Schedule of Costs to the Court and the Judge would then consider what is reasonable to order the tenant to pay.

Do tenants have to pay agents fees?

Usually, it is the landlord who pays for the agent fees but there is no written rule about this. In some cases, you may also have to partly bear the expenses of the agent who shows you the properties. Agent fees are paid by the landlord unless there is a tenant's agent as well.Sep 24, 2017

Can estate agents lie about offers?

Although they shouldn't, estate agents can and do lie about offers to make it look to you as a seller that they're creating lots of interest in your property. An estate agent may also lie about offers so they can push you in the direction of a specific REAL offer, so they can get their hands on their commission ASAP.

Can landlord charge for wear and tear?

Wear and tear is one of the biggest causes of disputes between landlords and their tenants. ... However, as soon as you cross into the realm of blu-tac or pin marks and stains on carpets or furnishings, you can start charging your tenant for wear and tear, which will be subtracted from their deposit before it's returned.Jul 27, 2016

Can landlord charge for repair?

Your landlord could ask you to pay repair costs for things like blocked drains, pipes or toilets if you didn't take reasonable care to keep them free of blockages. Your landlord might fix things that you've damaged but they can charge for this. You're not responsible for normal wear and tear in your home.Oct 11, 2021

Is landlord responsible for damage to tenant property?

Damage that cannot be classified as wear and tear, but is also not caused by the tenant, their guest, or negligence about the maintenance is the landlord's responsibility. Typically, these are structural repairs, plumbing, electrical wiring, gas appliances.

Who pays for accidental damage to rental property?

Ultimately, the tenant is responsible for any damage that they cause to the property they are renting. The damage should be reported as soon as possible, so that it can be repaired or at least assessed by either the landlord or a professional (tradesman etc.)

What are contingency fees?

Contingency fees are relatively unusual for the types of legal services that landlords need. This fee arrangement is more common when lawyers represent tenants who are suing their landlords for problems such as: 1 personal injury or property damage due to the landlord’s negligence or failure to maintain the property 2 housing discrimination, or 3 invasion of privacy.

What is retainer fee?

In the most common form of retainer fee, known as a “special retainer,” lawyers hold client funds in trust and bill against the funds as they do the work. Retainer fees for landlords generally cover routine services like uncontested evictions, updating or reviewing rental agreements, and other business matters.

Why did landlords sue?

Landlord sued to evict tenant for creating a nuisance. Landlord later discontinued the case without prejudice in order to avoid a court-ordered traverse hearing based on tenant's claim of improper service of...

What is Homeaway.com?

HomeAway.com, Inc., a "home-sharing platform" that covered short-term rental of apartments in NYC, sued the City of New York in 2018 to challenge a new local law that required companies such as HomeAway and...

Who sued to evict occupant of rent stabilized apartment?

Landlord sued to evict occupant of rent-stabilized apartment who claimed succession rights. The court ruled for the occupant, who then asked the court to restore the proceeding for a hearing on her request for...

What did the landlord ask the court to do after pretrial discovery?

Landlord sued to evict tenant but asked the court for a discontinuance of the proceeding after pretrial discovery raised questions about the nature of tenant's occupancy. The court agreed and denied tenant's...

What happened to rent stabilized tenants?

Rent-stabilized tenant who moved into an apartment in 2010 complained of rent overcharge in 2016. The DRA ruled for tenant in 2018 and ordered landlord to refund $5,384 with triple damages and interest. The DRA then...

What is a landlord's lawsuit against a tenant?

Landlord sued to evict tenant for creating a nuisance. The court ruled against landlord and set the case down for a hearing months later on the amount of attorney's fees to be granted to tenant under the terms of...

1 attorney answer

Wow. Thats a lot of questions.#N#1) Is it legal for a landlord to charge a tenant late fees and legal fees (court filing and attorney) without ever hiring an attorney or filing a case in court? Not illegal to try to charge you--but if she takes action against you based on non payment of the non...

Rixon Charles Rafter III

Wow. Thats a lot of questions.#N#1) Is it legal for a landlord to charge a tenant late fees and legal fees (court filing and attorney) without ever hiring an attorney or filing a case in court? Not illegal to try to charge you--but if she takes action against you based on non payment of the non...

Tracy William Boshart

You must remember that the award of attorney's fees is not absolute. The Court will reward the attorney's fees to the prevailing party in the litigation and not to the Landlord, against you, if you initiate a proceeding. Additionally, the concept of "prevailing party" is subject to interpretation in each case.#N#More

Alexander O Bentsen

The issue you are considering shocking is what the law mandates. A lease can contain an attorney fees clause or a lease can be written without one. It is more likely that the lease will contain an attorney fees clause. According to law, that clause will apply equally to landlord and tenant.

Dov Treiman

I mildly disagree with Mr. Smollens in finding the clause shocking. I don't find it shocking. However, it is fully enforceable. You can negotiate whether you want the clause or don't want the clause.#N#More

Steven Warren Smollens

Dear New York Tenant:#N#First congratulate your self for reading the proposed lease. All too many tenants do not do so and do not read the lease figuring that the contents must be legal since the lease is a published form. While this so-calle legal fee clause is shocking in its...