Legal Question in Landlord & Tenant Law in California
landlord is a lawyer, conflict of interest
my landlord is also an attorney, employed by a law firm. i have been served with a 3-day notice to pay or quit, which includes attorneys' fees filed by the attorney known as my ''landlord''. i have paid the rent due. does my landlord have the right to charge me her own ''attorneys' fees'', seperately and independantly of a law firm?
2 Answers from Attorneys
Re: landlord is a lawyer, conflict of interest
A 3 day notice in a residential lease generally cannot include attorney fees. If you need further assistance, please call me. We would need to see your lease and a copy of the 3 day notice. If an unlawful detainer is filed, then attorney fees can be recoverable if the lease provides. Normally, a 3 day notice itself cannot include attorney fees.
Re: landlord is a lawyer, conflict of interest
If I charged a tenant for every 3-day notice I prepared even for clients, I'd be able to take more vacations. Mr. Rothman is correct. How can he enforce the attorney's fees, anyway? Add it to the rent? Check your lease to make sure. Typically, landlords have a form that they fill out and stick on the door. That doesn't take much effort to do and usually need not involve an attorney.
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