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Posted by Mark Smith on December 18, 1998 at 09:25:31:

In Reply to: Legal Fees posted by Mike on December 18, 1998 at 02:52:12:

: Thanks to a wonderful judge, I lost my case against my landlord. He was seeking eviciton because I didn't pay my rent. I countered with a lack of services defense. So the judge ruled in the landlord's favor and I have to pay all the back rent.
: Now I'm concered the landlord is gonna come after me for legal fees. Can he? Even though he got his money, he didn't get to evict me so is he the prevailing party? And how long does he have in order to do this? 30 Days? A year?
: If anyone knows anything, please help!!

Did the landlord seek legal fees in the original petition? If not, he/she can't do it now, because that is splitting a cause of action. If legal fees were sought in the original petition, the landlord could bring a motion for legal fees. By the way, I am assuming that you have a written lease that provides for legal fees. Read it carefully. Some leases provide for legal fees only if the landlord regains possession, but that is rare.

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• Re: Legal Fees Mike 12/18/98 (0)

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: : Thanks to a wonderful judge, I lost my case against my landlord.  He was seeking eviciton because I didn't pay my rent.  I countered with a lack of services defense.  So the judge ruled in the landlord's favor and I have to pay all the back rent.
: : Now I'm concered the landlord is gonna come after me for legal fees.  Can he?  Even though he got his money, he didn't get to evict me so is he the prevailing party?  And how long does he have in order to do this?  30 Days?  A year?
: : If anyone knows anything, please help!!

: Did the landlord seek legal fees in the original petition?  If not, he/she can't do it now, because that is splitting a cause of action.  If legal fees were sought in the original petition, the landlord could bring a motion for legal fees.  By the way, I am assuming that you have a written lease that provides for legal fees.  Read it carefully.  Some leases provide for legal fees only if the landlord regains possession, but that is rare.


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