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If I lose in small claims court, will I be responsible for…

If I lose in...

If I lose in small claims court, will I be responsible for plaintiff's court fees?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Also, if the landlord does take it to court, will I be responsible for monthly late fees? I live in California

Lawyer's Assistant: What steps has the landlord taken so far?

None.....he, who happens to be a lawyer, will not let me out of my lease and I have purchased a house

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure..

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Answered in 2 minutes by:
11/7/2017
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,108
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If I lose in small claims court, will I be responsible for plaintiff's court fees?
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That is up to the judge to determine, but if the plaintiff asks for them, the judge usually awards them..

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But unless he actually hires an attorney, you aren't liable for his time in pursuing this. So he can't turn on his attorney meter and charge you for his time.

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If you have breached the lease, then he has a legal duty to mitigate his damages and try to re-rent the property as soon as possible. Then he can only hold you liable for his lost rent and costs. Late fees would go into his damages.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer reply replied 3 months ago
The landlords are refusing to allow me to pay all costs to advertise the town house for lease with a realtor MLS. They only have it posted on Craig's list. I gave them notice in September and they have had no inquiries.
Customer reply replied 3 months ago
I don't have the money right now to pay for a phone call
Customer reply replied 3 months ago
I take it I get no more answers unless I pay for the phone call....

Sorry for the delay... just a minute..

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The landlords are refusing to allow me to pay all costs to advertise the town house for lease with a realtor MLS. They only have it posted on Craig's list. I gave them notice in September and they have had no inquiries.

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They only have a legal duty to advertise however they normally do.. They don't have to do anything more to advertise or allow you to try to assist here.. They just have to do what they typically do and then they have met their legal duty under the law to try and mitigate.

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But if you are still living there now, they don't have any legal duty to do anything at all until you actually vacated, returned the keys, and breached the lease by not paying rent..

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Customer reply replied 3 months ago
it sounds like they have me over a barrel and I have no options. Even though when I originally moved in, I made it clear that i would be actively looking for a house to purchase. They at that time, verbally said, "oh, we will talk about that when it happens" which I have a witness to hearing. Also, when I went to sign the lease, I told them I did not feel comfortable signing since I did not think I would be there the full year and they said, "we just do this routinely " What a fool I was to be so trusting !!

I have to agree with your assessment.. It should have been addressed in writing in the lease contract that you could have terminated with XX days notice if you purchased a home if you knew you were looking to buy..

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So yes, they kind of dinged you there by not putting anything in writing because verbal doesn't mean anything when compared to a written contract..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister

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Customer reply replied 3 months ago
I understand and appreciate your honesty, thank you. Even though it does stink!!!!! Bad people should not get away with be dishonest. Is there a chance the judge would split the costs if it went to court? Plus, is it required to try an arbitrator first before being scheduled in court?

Is there a chance the judge would split the costs if it went to court?

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Depends entirely on the judge, but I kind of doubt it since technically you are the one in breach here.

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Plus, is it required to try an arbitrator first before being scheduled in court?

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The judge typically orders the case to mediation before hearing it to see if it can be settled..

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thanks

Barrister

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Customer reply replied 3 months ago
Thank you for your help.....I too have been a landlord for many years in the past and would never treat people this way and would always try to work with them as long as they were trying too

You are very welcome. Happy to help any time.

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And I always try to work with my tenants if they have an emergency and have to leave, a job offer, etc. to try to get the property rented to a new tenant quickly..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,108
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
will do
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Barrister
Barrister
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Category: Legal
Satisfied Customers: 40,108
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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