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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Rental agreement language re: attorney fees Posted by dond on June 19, 2009 at 9:42 AM In Reply to: Rental agreement language re: attorney fees posted by Rick the Probate Guy on June 19, 2009 at 6:24 AM : One of my good habits (as opposed to many not-so-good habits) is that I regularly review our documents (loan origination, Note purchase, option, lease, and real estate purchase, both prior to, during and after probate, and heir assignments). : Currently, I'm reviewing the language in our rental agreements. I seem to recall a recent discussion that centered around ways to dissuade CA tenant attorneys from creating mountains from molehills and getting massive judgments for their attorney fees against landlords. : This discussion might have been at the probate seminar at LAX however I can't recall. : IF there's a poster who is truly familiar with this CA problem and could copy and paste the language from their agreement, I'd be most grateful. Many thanks in advance. As an experienced California landlord, I omit any mention of attorney fees from my rental agreements. Assume I have an attorney fee clause. If I win a typical landlord-tenant case, I would be trying to collect from a judgement-proof tenant. What if I lose? The tenant probably represented himself, so he can't collect attorney fees. It doesn't matter much one way or the other. But it is the rare case that counts. What if a tenant trips and falls, or discovers toxic mold (to tenants, all mold is toxic mold). He is upset enough to go lto an attorney. The attorney will ask to see the rental agreement. If there is no provision for attorney fees, he probably won't take the case. Most tenants can't afford to pay attorney fees. But if there is a provision for attorney fees, the attorney will see dollar signs. Rich landlord, even richer insurance company. I'd rather give up y right to a penny ante win, and reduce my risk of a large loss. And the large loss isn't just money, it includes a huge amount of my time to defend myself, my company, and the property owner. Dond Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : One of my good habits (as opposed to many not-so-good habits) is that I regularly review our documents (loan origination, Note purchase, option, lease, and real estate purchase, both prior to, during and after probate, and heir assignments). : : Currently, I'm reviewing the language in our rental agreements. I seem to recall a recent discussion that centered around ways to dissuade CA tenant attorneys from creating mountains from molehills and getting massive judgments for their attorney fees against landlords. : : This discussion might have been at the probate seminar at LAX however I can't recall. : : IF there's a poster who is truly familiar with this CA problem and could copy and paste the language from their agreement, I'd be most grateful. Many thanks in advance. : As an experienced California landlord, I omit any mention of attorney fees from my rental agreements. : Assume I have an attorney fee clause. If I win a typical landlord-tenant case, I would be trying to collect from a judgement-proof tenant. : What if I lose? The tenant probably represented himself, so he can't collect attorney fees. : It doesn't matter much one way or the other. : But it is the rare case that counts. What if a tenant trips and falls, or discovers toxic mold (to tenants, all mold is toxic mold). He is upset enough to go lto an attorney. : The attorney will ask to see the rental agreement. If there is no provision for attorney fees, he probably won't take the case. Most tenants can't afford to pay attorney fees. : But if there is a provision for attorney fees, the attorney will see dollar signs. Rich landlord, even richer insurance company. : I'd rather give up y right to a penny ante win, and reduce my risk of a large loss. And the large loss isn't just money, it includes a huge amount of my time to defend myself, my company, and the property owner. : Dond [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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