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Posted by Mike on December 18, 1998 at 10:10:32:

In Reply to: Re: Legal Fees posted by Mark Smith on December 18, 1998 at 09:25:31:

: Did the landlord seek legal fees in the original petition? If not, he/she can't do it now, because that is splitting a cause of action. If legal fees were sought in the original petition, the landlord could bring a motion for legal fees. By the way, I am assuming that you have a written lease that provides for legal fees. Read it carefully. Some leases provide for legal fees only if the landlord regains possession, but that is rare.

In the original petition, the landlord was seeking a final judgement of: awarding possesion of the premises to the Landlord; issuance of a warrent to remove tenant; judgement for past due rent; use of the occupency; costs plus legal fees.
I'm not questioning his ability to get legal fees if he won, but since he didn't get everything he was seeking, did he win?

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: : Did the landlord seek legal fees in the original petition?  If not, he/she can't do it now, because that is splitting a cause of action.  If legal fees were sought in the original petition, the landlord could bring a motion for legal fees.  By the way, I am assuming that you have a written lease that provides for legal fees.  Read it carefully.  Some leases provide for legal fees only if the landlord regains possession, but that is rare.

: In the original petition, the landlord was seeking a final judgement of: awarding possesion of the premises to the Landlord; issuance of a warrent to remove tenant; judgement for past due rent; use of the occupency; costs plus legal fees.
: I'm not questioning his ability to get legal fees if he won, but since he didn't get everything he was seeking, did he win?


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