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  1. #1
    Join Date
    Jan 2012
    Posts
    11

    Default Recovering Attorney Fees from Security Deposit

    My question involves an eviction in the state of: California

    My lease contains this clause:
    ATTORNEYS' FEES: If any legal action or proceeding is brought by either party to enforce any part of this Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorneys’ fees and court costs.

    If I have to hire an attorney to evict a tenant, does this clause imply that I can deduct attorney fees from the security deposit ?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Recovering Attorney Fees from Security Deposit

    I would think so, as long as it does not conflict with a state law. Your lawyer should be able to answer that question for your set of circumstances.

  3. #3

    Default Re: Recovering Attorney Fees from Security Deposit

    No, it means that your attorney fees may have to be paid by your tenant if you win your court case. If it doesn't go to court then I believe you are still responsible for the fees. If you are evicting him for non-rent you get to keep the security deposit anyway.

  4. #4
    Join Date
    Jan 2012
    Posts
    11

    Default Re: Recovering Attorney Fees from Security Deposit

    my security deposit is 1.5x rent, so there is excess, assuming there is no other damage to cover.

    ok, so then unlawful detainer fees would then be considered "legal action", and that can be recouped.

  5. #5
    Join Date
    May 2012
    Posts
    9

    Default Re: Recovering Attorney Fees from Security Deposit

    Keep in mind that in an eviction for non-payment of rent, your primary goal is to get possession of the property back so that you rent the unit to a paying tenant. You may or may not also receive a money judgment. However, receiving a money judgment and actually collecting on that judgment are different issues entirely. I recommend to my landlord clients to begin the eviction process as soon as possible when the tenant defaults in rent so as not to lose any more money.

    David Piotrowski
    Attorney at Law
    http://www.AttorneyDavid.com

    *No Attorney/Client Relationship and No Legal Advice -

    Nothing contained herein is intended to be, nor shall be, legal advice. The above information is not intended as a solicitation and is not intended to be legal advice. It is your responsibility to seek out competent legal advice from a qualified legal professional before making any decisions relating to your issue. The hiring of an attorney is an important decision and should not be made based solely on advertisements.

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