Legal Question in Real Estate Law in California

Re: Charging Legal Fees w/o Seeking Advice

Not usually, but I can think of a circumstance or two where that might be permissible.

First, if there had been a dispute between the landlord/owner and the tenants, and the landlord won the dispute (perhaps through arbitration, not necessarily in court), and the lease has an attorney fee clause allowing a prevailing party to obtain reimbursement, it could be proper. It would depend upon the circumstances and the terminology of the lease.

Another possibility is that the lease may contain clauses requiring reimbursement of the landlord for a wide variety of tenant-related costs. Such clauses are standard in triple-net leases and also crop up in single- and double-net leases. There may be, for example, an indemnity provision under which the tenant agrees to hold the landlord harmless from 'suits, costs, demands, etc.'

The lease may provide for reimbursement of legal fees in connection with legitimate questions about the legality of some tenant activity about which the landlord is challenged, such as tenant-caused pollution, a zoning violation, etc.

I suggest you get out your copy of your lease, read it carefully, and then ask the landlord to explain which provision allows him to seek reimbursement of his legal fees, and precisely why he is entitled to this reimbursement at this time and in this amount.

Chances are pretty good the demand is justified, but by all means demand an explanation.