Legal Question in Landlord & Tenant Law in California
Apartment - notice to quit
If my landlord serves me a 3 days notice to quit. I am responsible for the bill if they used their lawyer to serve the notice. No previous warning or notice was given?
Asked on 2/26/07, 6:09 pm
1 Answer from Attorneys
Carl Starrett
Law Offices of Carl H. Starrett II
Re: Apartment - notice to quit
If your lease agreement has a prevailing party attorney's fees clause and your breached the lease by failing to pay rent, then a court oculd hold you liable for legal fees. If you vacate before the 3 days is up and the landlord does not have to file an eviction lawsuit, the landlord might need to take you to small claims court to collect the unpaid rent. In a small claims action, the landlord would be a lot less likely to recover his or her legal fees.
Answered on 2/26/07, 6:19 pm