Hello, I am happy to answer your question.
Generally speaking attorney's fees and costs are only to be recovered for the winning party in a lawsuit.
The exception would be if the terms of your lease specify that you will recover this money no matter who filed the claim, and no matter who wins.
Please take a close look at this clause in your lease. If there is no clause, then you lose. If it is there but is vague, you probably won't be successful either. I know it's tough to swallow but it really is just a cost of doing business.
I hope this was helpful and good luck.
Ok, regarding your attorneys fees, I don't think your chances are great.
Regarding the other fees to gain access to the property, it depends upon what your basis was, and what the lease gives you the right to do. If you lost the eviction proceeding, the question I have is why? If you entered the property, did you have the right to do it "under those circumstances"? Did the judge in the eviction proceeding determine that you had the right, or did he mention it?
You aren't giving me a lot of details, but it doesn't sound to me like you have much of a chance.
However, in the end, small claims court is not too costly, so you don't lose much giving it a shot. That's what I would suggest if you think the terms of the lease support your actions and expenditures under the circumstances.
Ok, under these circumstances you should be able to recover these amounts, but what I don't understand is why you didn't file for these amounts during the eviction proceeding? This is what the small claims judge is going to ask, and it might be the reason why you can't recover. You should have demanded that she pay what was owed, PLUS those fees. I assume she only paid you the rent due and owing.
I think it's worth a shot, since it won't cost you much. Just make sure you have all your paperwork documenting everything you claim.
Best of luck,
Ok, you should be fine then. As long as you weren't expected to adjudicate it at that time then you shouldn't be barred from doing so now.
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