Legal Question in Landlord & Tenant Law in Florida

Is this paragraph in my lease reasonable? I am the tenant and want to make sure I'm not signing away unreasonable rights.

"ATTORNEYS FEES: If LESSOR employs an attorney due to LESSEE'S violation of the terms and conditions of

this lease, LESSEE shall be responsible for all cost, reasonable attorneys fees, property managers fees and cost,

as incurred by the LESSOR and/or property owner of record, whether or not suit is filed. LESSEE waives

the right to demand a jury trial concerning any litigation between LESSOR and LESSEE. In the event

the LESSOR successfully defends any action (including, but not limited to the Courts, the Board of

Realtors, the Better Business Bureau, mediation or any administrative state agency) arising out of this

transaction brought directly or indirectly by Lessee or their representative, LESSOR shall be

reimbursed their attorney fees, court cost (if any); AND for LESSOR time (at the rate of $150/hour)

in defending such action by Lessee."


Asked on 8/26/16, 1:18 pm

3 Answers from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

It's not what anyone else thinks. It's what you think, because you are the one who is either going to agree to the conditions of the lease, or not. Just know, though that this is a fairly standard clause, except for that last part about paying for the lessor's time at $150.00/hour. Decide wisely.

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Answered on 8/26/16, 1:27 pm
David Slater David P. Slater, Esq.

By including this paragraph the court will also enforce it against LL.

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Answered on 8/26/16, 2:07 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

It is subject to negotiation. if you sign you agree and accept it. some may say it is reasonable and others may say it is not. it is clearly written for the landlord's benefit.

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Answered on 8/26/16, 2:25 pm


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