Mediation is often encouraged—or even required—in landlord-tenant disputes before either party proceeds to court. It’s a voluntary or court-assisted process where both sides attempt to resolve issues like unpaid rent, lease violations, or behavior problems without formal legal action. However, mediation doesn’t always lead to a resolution. When it fails, the eviction process typically moves to court, and the issue of who pays legal fees for eviction becomes a serious concern.
Legal fees in eviction cases can include court filing fees, attorney costs, service fees for delivering notices, and other related expenses. When mediation fails, these fees are no longer avoidable, and the court must decide who is financially responsible.
The Initial Cost: Landlord Responsibility
When mediation fails and eviction proceeds to court, the landlord—who is usually the one initiating the eviction—is responsible for the initial legal costs. This includes:
- Filing fees to open the case
- Attorney fees, if legal representation is hired
- Costs of serving notice to the tenant
These are part of the procedural costs involved in formally removing a tenant through the judicial system.
Can the Landlord Recover Legal Fees?
Whether a landlord can recover these fees from the tenant depends on a few important factors:
- Lease Agreement:
Many rental agreements include a legal fees clause. This clause typically states that the prevailing party in any legal dispute can recover their legal expenses. If the lease contains such a clause and the landlord wins the eviction case, the court may order the tenant to pay the landlord’s legal fees. - State and Local Laws:
Some states have statutes that allow for recovery of legal fees in landlord-tenant disputes, even without a lease clause. In other states, fees can only be recovered if clearly specified in the lease. - Outcome of the Case:
Courts usually award legal fees to the party that prevails. If the landlord wins, they may recover costs. If the tenant wins, the landlord may have to absorb their own fees or, in rare cases, pay the tenant’s legal costs—especially if the eviction was based on false claims or improper procedure.
What Happens to the Tenant?
Tenants usually aren’t required to pay legal fees unless:
- They lose the case in court
- The lease or local law allows fee-shifting
- The court rules that the tenant acted in bad faith
For example, if a tenant refuses to pay rent without a valid defense and loses in court, the judge may require them to pay the landlord’s attorney fees—especially if mediation was offered and rejected without reason.
If the tenant wins, they may request reimbursement of their legal fees. However, this depends on state law and whether the lease agreement allows tenants to recover legal expenses.
Failed Mediation Doesn’t Guarantee Fee Recovery
It’s important to note that the failure of mediation alone does not determine who pays legal fees. Courts consider the overall case outcome, the nature of the dispute, the conduct of both parties, and what the lease and state laws say about fee recovery.
Final Thoughts
When mediation fails, the eviction process becomes more formal—and more expensive. While landlords must pay legal costs upfront, they may recover those fees if they win and the lease or law permits it. Tenants can also be held responsible for these fees depending on the outcome and their conduct. Both parties should be fully aware of their lease terms and local laws, and weigh the risks and potential costs before letting a dispute move past mediation.