Second, process – leases often contain a „notice” provision that describes how the landlord should communicate with the tenant. Owners should find this clause and the consequences to the letter. Before you sign a contract, show it to Scott. He will look for the legal fees clause and advise you on how to improve it. There are probably other clauses that can be improved. With a legal fee clause, tenants must not only face costs and inconveniences when they take legal action from the lessor to resolve a problem (including filling out court briefs, and/or going to a hearing or trial), but can also pay the lessor`s legal costs to such an action. ATTORNEY`S FEES In any action to enforce the terms of these premises or with respect to the premises, regardless of the outcome, the owner or agent is entitled to all costs associated with such an action, including an appropriate right of lawyer. The Tenant recognizes that all legal fees are classified and charged to the tenant as additional rent. Analyze your own story. Do you have a balance sheet in which you collect your legal fees from delinquent tenants? Is it more than a quantity of minimus? If so, leave the legal fee clause where it is.
However, if you cannot refer to a real restoration record or if your property is located where a customer bar is active, the best part of the wisdom may be to simply omit that clause. Ask your lawyer about the applicability of such a provision in your state. In the absence of a legal fee clause, the general rule is that court costs are borne by the party who bears the costs, even if they are predominant in the litigation. Talk to your owner lawyer if you don`t have a legal fee clause in your rental agreement or if you are concerned that the clause you have is unnecessarily restrictive. If you make several claims against a tenant that contain claims that have not been claimed under the lease agreement and you impose yourself on all of them, the court may decide to reduce the non-contractual damage due to them by the amount of legal fees awarded to you.