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Attorney fee clause in an expired lease

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


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 Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at or call me toll free at 800-400-6808.

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4 lawyers agree


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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4 lawyers agree


Yes. The attorneys' fees clause is still valid.

Douglas A. Wright is a licensed California attorney (SBN 239112) who owns and operates 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.

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2 lawyers agree


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

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