Tax, SDIRAs & Cost Segregation
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback
Updated almost 7 years ago, 02/23/2018
Attorney's Fees / Lawsuit / Arbitration in California Lease
Hi guys,
I'm working on my lease agreement for my rental property in California and I'm stuck in the legal clause regarding payment of attorney's fees in a lawsuit. I've purchased NOLO's California Landlord's Law Book: Rights & Responsibilities which came with the lease agreement example. In there, Clause 22, states:
However, they recommend against including the attorney fees clause in the lease for various reasons (in CA, courts don't recognize the one-way attorneys' fees contract provision, tenant's lawyers can take advantage of included attorney's clauses in contract to get paid, etc). So now I'm looking into alternative clauses that I can use such arbitrations/meditations. What do you think of this one I found in an agreement on the web? I like it, but I'm confused about this language: "Each party shall bear their own respective fees and cost relative to the arbitration process and attorneys' fees, if awarded shall not exceed $500." How do you understand it?
Thanks so much in advance! Legal language always gives me a headache. :)
Jessica