Legal Question in Landlord & Tenant Law in Colorado

attorney fees in lease not upheld by judge?

Renters left house in dirty, damaged condition. Hired atty for deposit refund & filed in sm claim court. Lease states all legal fees to be paid by renters regardless. We had 30 photos - Judge said ours not clear. Most were. Renters had only 1 photo taken far prior to vacating. Judge was good friends of renters' atty. & ruled mostly in their favor. We were allowed $250.00 & had to pay $6,444 to our atty. with no reimbursement. Should we have appealed? This judge has a history of multiple DUI's & retired right after this hearing. Can we file with a different judge for reimbursement of attorney fees?


Asked on 10/21/07, 4:04 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: attorney fees in lease not upheld by judge?

The only way to challenge the order is to appeal. The appeal, however, may have been of little use.

As to the attorneys fees, as a general rule, the court has fairly wide discretion in either allowing or ignoring any claims for attorney fees even if that is the agreement. Sorry.

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Answered on 10/24/07, 7:49 pm


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