how soon can a landlord make me pay attorney fees

If not in the written lease agreement, then the LL must prevail in court and the judge may then award attorney fees. If you are liable for the fees, then the LL can demand that you pay within 30 days or it may be a violation of the lease and then... 1 found this answer helpful

Full Answer

Can a landlord collect legal fees in New York?

Apr 12, 2012 · If not in the written lease agreement, then the LL must prevail in court and the judge may then award attorney fees. If you are liable for the fees, then the LL can demand that you pay within 30 days or it may be a violation of the lease and then you could be evicted. You may want to see an attorney for a consultation.

What happens if a landlord brings a court case?

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. …

How long do landlords have to give notice?

Over 2yrs as a tenant, I ask landlord to change carpet bec when I moved on my first yr I didnt check that the carpet was old and dirty. Landlord responded with he can just kick me out and find a new tenant that will pay more. FYI. Im a great tenant, I give my payments 2-3 months in advance and this is how he responds.

What happens if a tenant wins?

Jan 25, 2022 · Tenant's Legal Aid Attorneys Get $24,000 in Attorney's Fees. May 25, 2020. Landlord sued to evict rent-stabilized tenant. The court ruled against landlord and ordered landlord to offer tenant a proper renewal lease within 15 days. Tenant later asked the court to hold landlord in contempt...

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

Can a landlord charge a tenant for legal fees in NJ?

Therefore, the Landlord Tenant Court cannot actually compel a tenant to pay rent, legal fees, or other costs. The Landlord Tenant Court can only instruct that if the tenant does not pay the rent, plus any legal fees and costs that are due, that a Judgment for Possession would issue against the tenant.Feb 8, 2014

How much does it cost to evict a tenant in NJ?

Costs to File An Eviction In New JerseyDESCRIPTIONCOSTSComplaint Filing Fee$50 + $5/Add'l TenantSummons Delivery Mileage FeeUp To $25Warrant for Removal Fee$35Tenant Removal Mileage FeeUp To $255 more rows•May 22, 2018

Can a landlord terminate a month to month lease without cause in NJ?

Bishop, 15 N.J. Super. 266. A month-to-month tenant must give written notice of lease termination at least one full month prior to moving. Most yearly leases require a 60 to 90 day notice from the tenants in order to terminate the lease.

Can you be evicted during COVID-19 in NJ?

If you live in a New Jersey household with income below 120% of your county's Area Median Income, you are permanently protected from eviction or removal at any time for nonpayment of rent, habitual late payment of rent, or failure to accept a rent increase that accrued from March 1, 2020 to August 31, 2021.

Can landlords charge late fees right now NJ?

Under New Jersey law, landlords must wait five days before charging a late fee, but only when the premises are rented or leased by senior citizens receiving specified benefits, such as Social Security, or by recipients of other specified government benefits, such as Social Security Disability.

What happens if you win back your legal fees?

If you do end up winning back the cost of your legal representation, the court will rule that you'll be awarded "reasonable" fees. "They have the right to cut it down if they feel yours were excessive, or to increase them if they feel the attorney could have charged you more," says Himmelstein.

What does a good attorney do?

A good attorney, Himmelstein adds, will be able to anticipate when a tenant may lose a case and be on the hook for these fees, and help them negotiate an exit strategy. “In many cases, if you settle, the landlord will waive their fees if they’re going to get the apartment back,” Himmelstein says.

Who is Sam Himmelstein?

Answer: Your landlord's not just being greedy here, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations . "Most leases have a clause that says that if a landlord has to bring a court case about you and they win, you'll have to pay their legal fees," he tells us.

Can a landlord collect legal fees if they win an eviction?

When a tenant asserts their rights to succeed a relative in their rent controlled or rent stabilized apartment, and the landlord brings an eviction case against them on the grounds that they do not have this right, the landlord cannot collect legal fees if they win.

What happens if a landlord does not comply with the FHAA?

Landlords have a duty to adhere to FHAA requirements and other statutes. If they do not, then their acts are considered a wrong against the public. Such acts are punishable with extra "punitive" damages and with the payment of the other side’s attorneys’ fees.

Who is in charge of the FHA?

The Department of Urban Development (HUD) and the Office of Fair Housing and Equal Opportunity (FHEO) are in charge of administering the FHA. This housing legislation includes "fee shifting" provisions, which allow for the recovery of reasonable attorneys’ fees by the winner.

What is recovery in general cases?

Recovery in general cases is usually only granted when a party has acted in a particularly malicious, reckless, or reprehensible manner without excuse. Housing and landlord-tenant disputes typically revolve around the nonpayment of rent or a rent increase, and are considered general cases.

What is the Fair Housing Act?

There are federal and state statutes in place to protect the rights of tenants, including the Fair Housing Act (FHA), the Fair Housing Amendments Act of 1988 (FHAA), and the Housing for Older Persons Act.

Can attorney fees be awarded in a landlord tenant case?

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 ...

When did the landlord sue for eviction?

July 22, 2019. 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. (current)

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...

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...

When did the tenant lose the eviction case?

August 12, 2019. Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case but denied tenant's request for attorney's fees. Tenant appealed and lost.

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 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...

rentmycondo Law Topic Starter New Member

I am on a one year 'lease' at a condo in the state of Georgia. The landlord lives in Florida. When I signed the lease 8 months ago, my landlord did not have renter's rights approved by the condo association and did not disclose to me that she was not authorized at that time so basically I signed an illegal contract.

army judge Super Moderator

I am on a one year 'lease' at a condo in the state of Georgia. The landlord lives in Florida. When I signed the lease 8 months ago, my landlord did not have renter's rights approved by the condo association and did not disclose to me that she was not authorized at that time so basically I signed an illegal contract.

rentmycondo Law Topic Starter New Member

Hi. Thanks for replying. My issue is that I have already another place. The deal is perfect for my job situation and location. I don't want to miss out and I don't want to have to pay double.

fletcherrhoden Banned

They can't make you do anything -- but the courts can. Let him sue you. First, give him 30 days notice, let him bring prospective tenants in during your last month, keep it extra clean. All he wants is a filled apartment, and he (or she) doesn't care if it's you or Batman or whomever, as long as they're on the lease.

rentmycondo Law Topic Starter New Member

Have you ever been in a similar situation?? The landlord also told me in January "if i wasn't happy she would let me leave with no termination fees by the 20th" of last month but this was out of retaliation for me asking for repairs on the unit and I told her no because I was not prepared to move as it was only three weeks notice .I have this conversation on record via email.

What time can a landlord enter a rental unit?

9 a.m. to 5 p.m. The only hours that landlords are able to enter a renter's unit in many jurisdictions: in other words, regular business hours on weekdays, from Monday to Friday. A tenant cannot deny a landlord's access to the property when proper notice is given and the request is reasonable.

How long do you have to give notice to a tenant?

According to many state statutes, they must provide at least 24-hour notice if they wish to enter an occupied property. 3 The notice must outline the reason for access and must be given in writing unless indicated otherwise by the tenant.

What is the Fair Housing Act?

The Fair Housing Act prohibits a landlord from discrimination in renting, representing properties, or providing services to tenants. 1. Enter Without Proper Notice. Even though the premises technically belongs to them, landlords can’t enter a rented home whenever they feel like it.

What to do if tenant doesn't work?

If that doesn't work, the tenant may be able to bring it to the attention of the local or state housing authority or file a trespassing claim with local police or the court system. 2. Unlawfully Evict Tenants.

What happens if you turn off utilities?

Similarly, turning off utilities could be seen as intentionally putting a tenant in danger, especially if the local climate is prone to extreme heat or cold. If a landlord violates housing laws, a tenant may be entitled to remedies including monetary damages.

What act forbids discrimination?

Unlike the other regulations, which stem from the states, the rules forbidding discrimination come from the federal government. The Fair Housing Act of 1968, also known as Title VIII of the Civil Rights Act of 1968, forbids anyone—including landlords—from refusing to rent to an applicant based on: 7. Race.

When a landlord gives proper notice, what is the purpose of the notice?

When a landlord gives proper notice, whether it is in order to make repairs, conduct a routine inspection, show the property to prospective future tenants, or to carry out any other reasonable request their tenant may have to invite them to the unit.