Legal Question in Landlord & Tenant Law in California

rental agreement

am a lanlord and I have a tenant who wants me to omitt my attorney fee clause that states the ''prevailing party is entitled to attorney fees and costs''. how important is this clause and should I omit it?


Asked on 11/16/07, 7:19 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: rental agreement

It depends how desperate you are to rent the premises. If you have a quibbling tenant at the beginning of the tenancy -- i.e. one who wants to omit an attorney's fee clause from the lease -- you're almost guaranteed there'll be a lawsuit down the road. Don't overrule your instincts on this one!

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Answered on 11/16/07, 7:48 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: rental agreement

I agree with Mr. Cohen.

Get rid of the tenant!

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Answered on 11/16/07, 10:01 pm


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