Can. A landlord charge me eviction fee?

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Can. A landlord charge me eviction fee?

My landlord tried to evict me for a
crack in a window. We settled before the
court date I didn’t get evicted and now
hes charging me a fee for filing the
eviction itself. Is this legal? I’m in
South Carolina

Asked on May 11, 2018 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is. When a landlord has to file an eviction action  or other court case against a tenant, they can recover the court filing fee. Anyone who sues or files a legal action against another can recover the court filing fee if they prevail or have a successful outcome--and settling the case is considered a successful outcome. They could also charge attorney's fees if the written lease between you and them specifically stated that they could recover lawyer's fees from you in the event of legal action.


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