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Posted by TenantNet on October 13, 1996 at 19:08:59:

In Reply to: Lawyers' Fee posted by CeeCee on October 13, 1996 at 15:04:37:

: I am a little disturbed regarding a letter I mailed to my landlord regarding a
: a grievance that I had with them. This letter was sent to my landlord so that they
: can view my complaint and therefore take care of the issue themselves. Instead
: the letter was forwarded to their lawyers for review, and I was replied to by their
: firm imstead. I did not mind that since I had also forwarded a cc to their law firm
: as well. What is disturbing and upsetting to me is te fact that on my next monthly
: rent statement included with my rent charge was a lwayers' fee as well for $40.00.
: I sincerely feel and uphold greatly that I should not be charge such an unheard of
: fee, since the letter was mailed to the landlord directly. I did not request that
: it be turned over to their law firm, nor did I expect that to occur. Basically,
: I know fear that I can not complain to my landlord in the future since I dread
: that each time, I will be slapped with a fee that should not be. I feel that if
: the landlord can not take care of their tenant's issues and has to be forwarded to
: their lawyers each time, it should not be a my expense. After all, if I take it upon
: myself to consult with a lawyer regarding tenant/landlord issues should I assume that my
: landlord is going to flip the bill...I don't think so. Can someone please answer this
: problem as to if the landlord has justification in this charge, and if I am liable to pay?

You are not obligated to pay this. You did not contract with this lawyer
and he/she does not respresent you. It's just more landlord intimidation.
If you give in, he will intimidate you more. If you ever go to court on
a matter and a judge awards legal fees, that may be different. Even then,
that would be only if there was a clause in the lease permitting the awarding of
legal fees. (and even though it may seem to work in favor of the landlord,
courts have determined such clauses work both ways.)

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Comments:
: : I am a little disturbed regarding a letter I mailed to my landlord regarding a 
: : a grievance that I had with them.  This letter was sent to my landlord so that they
: : can view my complaint and therefore take care of the issue themselves.  Instead
: : the letter was forwarded to their lawyers for review, and I was replied to by their
: : firm imstead.  I did not mind that since I had also forwarded a cc to their law firm
: : as well.  What is disturbing and upsetting to me is te fact that on my next monthly
: : rent statement included with my rent charge was a lwayers' fee as well for $40.00.
: : I sincerely feel and uphold greatly that I should not be charge such an unheard of
: : fee, since the letter was mailed to the landlord directly.  I did not request that
: : it be turned over to their law firm, nor did I expect that to occur.  Basically,
: : I know fear that I can not complain to my landlord in the future since I dread
: : that each time, I will be slapped with a fee that should not be.  I feel that if
: : the landlord can not take care of their tenant's issues and has to be forwarded to
: : their lawyers each time, it should not be a my expense.  After all, if I take it upon
: : myself to consult with a lawyer regarding tenant/landlord issues should I assume that my
: : landlord is going to flip the bill...I don't think so.  Can someone please answer this
: : problem as to if the landlord has justification in this charge, and if I am liable to pay?

: You are not obligated to pay this. You did not contract with this lawyer
: and he/she does not respresent you. It's just more landlord intimidation.
: If you give in, he will intimidate you more. If you ever go to court on
: a matter and a judge awards legal fees, that may be different. Even then,
: that would be only if there was a clause in the lease permitting the awarding of
: legal fees. (and even though it may seem to work in favor of the landlord,
: courts have determined such clauses work both ways.)


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