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?
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
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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.
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Yes. The attorneys' fees clause is still valid.
Douglas A. Wright is a licensed California attorney (SBN 239112) who owns and operates EvictionsInc.com. The information presented in this response is general in nature under California law and is not intended, nor should be construed as legal advice. This posting does not create any attorney-client relationship with the author. Furthermore, if you're a tenant and your landlord hires me to evict you, you expressly waive any conflict of interest based on any response provided herein. For specific advice about your particular situation, you should consult your own attorney.
2 lawyers agree
absolutely. the terms of the lease apply to the subsequent month to month tenancy
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