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Home / Courts / Landlord/Tenant – Attorney’s Fees – 15% – Outstanding Rent – Notice – Answer (access required)

Landlord/Tenant – Attorney’s Fees – 15% – Outstanding Rent – Notice – Answer (access required)

Finch v. Campus Habitat, L.L.C. The parties’ lease requires the plaintiff-tenant to pay any attorney’s fees incurred by the defendant-landlord as a result of a breach by the tenant. Since the lease does not specify a percentage, and since the trial court based its attorney’s fee award on G.S. § 6-21.2(2), the trial court was required to limit its attorney’s fee award to 15 percent of the outstanding balance on the lease. The trial court awarded the landlord $3,090 in unpaid rent; therefore, the attorney’s fee award should not have exceeded $463.50.

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