Can the landlord get attorneys fees associated with the dispossessory action?
It depends. If the lease states that the “prevailing party” may get attorney’s fees then the “winner” of the dispossessory action may recover attorneys fees. Many judges usually limit the recovery to 15% of the amount of the outstanding rent and other charges due as a cap on fees awarded. If the lease is an old lease that merely says “landlord” may recover attorney’s fees, the landlord may not recover under the lease. There are other statutes by which attorneys fees may be awarded, O.C.G.A. Section 9-15-14 and O.C.G.A. Section 13-6-11, however, a discussion of those statutes is well beyond the scope of this FAQ. 44-7-2 Parol contract creating landlord and tenant relationship; certain provisions prohibited; effect of provision for attorney’s fees. (a) Contracts creating the relationship of landlord and tenant for any time not exceeding one year may be by parol. (b) In any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as
