Attorney fee clause in an expired lease

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?

Irvine, CA -

Attorney Answers (4)

Seyed Abbas Kazerounian

Seyed Abbas Kazerounian

Litigation Lawyer - Costa Mesa, CA
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
Michael Raymond Daymude

Michael Raymond Daymude

Real Estate Attorney - Sherman Oaks, CA
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
Douglas Allen Wright

Douglas Allen Wright

Real Estate Attorney - Irvine, CA
Answered

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... more
Richard C Koman

Richard C Koman

Landlord / Tenant Lawyer - Santa Rosa, CA
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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