When Can a Landlord Win Attorney Fees?

Sometimes, during the course of a landlord-tenant relationship, a dispute will occur between the parties. It is not uncommon for such disputes to require litigation in order to be resolved. One of the major barriers to litigating any dispute in court is the cost of an attorney. This expense can be mitigated through an award of attorney’s fees from the court.

Denver lawyerIn Colorado, the rule for recovering attorney fees in an eviction action is set forth in CRS § 13-40-123. This law states that a prevailing party is entitled to recover reasonable attorney fees as long as the rental agreement between the parties contains a provision for either party to obtain attorneys’ fees.

This means that attorney fees can be recovered so long as the parties contract for it. If the parties’ contract is silent on the matter of attorney fees, then neither party is able to recover them.

Additionally, pursuant to CRS § 38-12-801, attorney fee provisions in a rental agreement must be mutual. This means that any attorney fee provision in a rental agreement must award fees to the prevailing party. It cannot limit recovery of attorney fees to only one party.

When deciding whether to include an attorney fee provision in your rental agreement, it is important to consider the pros and cons of such a provision. Including the provision may allow the landlord to recover attorney fees, but it may also embolden a tenant to pursue a case on the chance that they can recover attorney fees. When dealing with landlord-tenant cases, attorney fees often make up a large portion of the money at stake, and as such, should be approached thoughtfully.

If you are in need of a Denver Landlord Lawyer, call Baker Law Group today.

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