Attorney fee clause in an expired lease

Asked over 1 year ago - Irvine, CA

My 1 year lease has the attorney fee clause it it. But the lease expired 4 months ago, and I am now renting on a month to month basis. I did not sign a new contract.

In the unlawful detainer complaint that I received, the landlord is asking for legal fees. Is this possible?

Attorney answers (4)

  1. Seyed Abbas Kazerounian

    Contributor Level 15


    Lawyers agree

    Answered . Yes it is possible that the agreement stated that after the term it becomes month to month with all other clauses still valid. It is hard to answer your question without seeing the contract

    Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt... more
  2. Michael Raymond Daymude


    Contributor Level 20


    Lawyers agree

    Answered . Residential lease agreements become month-to-month rental agreements at the expiration of the term. Still, the terms of the lease govern so long as the tenant remains in possession and the terms have not been modified. So, yes, it is not only possible but probable that the landlord will be entitled to reasonable attorney's fees if the landlord prevails.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Douglas Allen Wright

    Contributor Level 10


    Lawyers agree

    Answered . Yes. The attorneys' fees clause is still valid.

    Douglas A. Wright is a licensed California attorney (SBN 239112) who owns and operates The... more
  4. Richard C Koman

    Contributor Level 13

    Answered . absolutely. the terms of the lease apply to the subsequent month to month tenancy

    Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more

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