Recovering Attorney's Fees and Costs in California Unlawful Detainer Actions

In California, landlords often face challenges when dealing with unlawful detainer actions. One key aspect is recovering attorney's fees and costs. Understanding this process can help landlords navigate the legal landscape more effectively.

Attorney's fees and costs can add up quickly in unlawful detainer actions. Knowing when and how to recover these expenses can make a significant difference. This post will guide you through the essentials.

Lease Agreement Provisions

Many residential and commercial leases include a clause stating that the prevailing party in a legal dispute, such as an eviction case, is entitled to recover attorney fees. This means that if the lease includes such a provision, the losing party (either the landlord or the tenant) would typically be responsible for the prevailing party’s attorney fees. When the lease agreement awards attorneys fees to prevailing parties, the court will likely first check to see that the contract provision is reciprocal (meaning it can be awarded to either party and NOT just the landlord) before enforcing it.

Landlords should also consider the limits provided in the attorney fees provision. An unlimited attorney fee provision in a rental agreement exposes both parties to an award of reasonable legal costs that is left to the court to decide. Many tenant defense attorneys love unlimited attorney fee provisions because they can push the case to a jury trial believing that the landlord has deep pockets to pay for an attorney fee award while realizing that the tenant(s) will probably not have the funds to pay for any attorney fee awarded to the landlord. For defendants, it is a win-win situation for the likes of BASTA, Eviction Defense Network and the other Eviction Defense Attorneys. That is why it is always recommended to limit attorney fee provisions to a fairly low amount like $500 to $1,000 when drafting lease agreements.

Statutory Provisions

California law also has statutory provisions that may allow recovery of attorney's fees. For example, if the tenant's actions are found to be frivolous, the court may award fees to the landlord. However, this is less common and more difficult to prove.

Another example wherein legal costs are awarded in an Unlawful Detainer action is one in which a tenant prevails in proving the landlord breached the warranty of habitability (Civil Code Section 1942). In the City of Los Angeles (where the judges are very tenant friendly), courts routinely issue conditional judgments in favor of tenants who raise habitability as an affirmative defense. In these cases, the court can award attorney fees to the tenant pursuant to the statute.

The eviction defense industry (BASTA, Eviction Defense Network, etc.) uses the statutory provisions that awards attorney fees to the prevailing party – where the court finds the breach of the warranty of habitability – as a sword and routinely request via motion thousands of dollars in attorney fees for tenants.

In other cases, California statutes may dictate the award of legal fees for eviction. For example, California Code of Civil Procedure Section 1174.2 allows a court which determines that there has been no substantial landlord breach of California Civil Code Section 1941 or of any warranty of habitability to enter judgment in favor of the landlord with attorneys' fees, pursuant to any statute or the contract of the parties.

Presenting Your Case

When seeking to recover attorney's fees and costs, you must present a compelling case to the court. This involves showing that the fees and costs are reasonable and directly related to the unlawful detainer action. 

It is essential to keep detailed records of all costs incurred during the process. These records will be necessary when presenting your case to the court. Proper documentation can significantly impact the court's decision regarding the recovery of costs.

Conclusion

Work closely with your attorney to prepare the necessary documentation. A well-prepared case increases the likelihood of recovering the full amount of fees and costs.

For all your landlord-tenant matters, contact Khalil Law Corporation!