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Updated over 7 years ago, 06/01/2017
Recovering Attorney Fees for Non-payment of Rent in NC
I have a tenant who decided to purchase a house 4 months into his 12 month lease. I listed the property the day he told me he was planning on purchasing a house at the same rent he was paying. He moved out 2 months later. He left the property during the slow rental season during the holidays. He continued to pay rent 2 months after he moved out, then stopped paying rent. The property remained vacant for 4 months, then rented at the original listing price for a two year lease. I plan on seeking a judgement for the lost rent and late fees that accrued during his tenancy, which, after the security deposit is just under $5,000. He makes $150 k/year and bought a $573k house, so he has assets to go after. My question is: Can I recover my attorney's fees as well in small claims court. My lease has language specifically stating that all legal fees incurred recovering rent in the event of a breach by the tenant are the tenant's responsibility. Has anyone been successful in recovering attorney fees in N.C. specifically Wake County. I know I don't need an attorney for small claims court, but if the tenant is responsible for the attorney fees, then there is no downside.