rental-property
Can a lease agreement have a clause that requires me to pay legal fees?
<p>My rental property lease has a clause that I have to pay for their legal fees if anything happens unless the court states otherwise. Is this normal or should I be concerned?</p>

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<p>Is this normal or should I be concerned?</p>
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<p>Avoid signing contracts with that type of clauses.</p>
<p>Clauses regarding legal fees usually are enforceable and can include attorney fees even if not stated explicitly. See <a href="https://www.leagle.com/decision/innyco20150108276" rel="nofollow noreferrer"><em>Lindenhurst Realty Co. LLC v. Modern Air Strike Inc.</em>, 2014 NY Slip Op 33385(U)</a>:</p>
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<p>Although a promise to pay &quot;legal costs&quot; has been held to be
insufficient to impose a duty to pay another party's attorney's fees
[...], a promise to pay &quot;legal fees&quot; in the context of an entire
agreement, has been held to be sufficiently clear and unmistakable to
impose that burden</p>
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<p>(citing cases).</p>
<p>Ultimately you need to (1) ascertain from the literal terms of the lease whether legal fees are meant to include attorney fees, and (2) see how case law from your [unspecified] jurisdiction compares to <a href="https://www.leagle.com/decision/inflco20150603119" rel="nofollow noreferrer"><em>Air Turbine Technology v. Quarles &amp; Brady</em>, 165 So.3d 816 (2015)</a>:</p>
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<p>Under Florida law, the term `costs' is not generally construed to
include attorney's fees absent an express contractual provision that
defines expenses to include fees.</p>
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<p>Attorney fees can be very costly regardless of whether the clause is in terms of &quot;reasonable&quot; rather than actual expenses. <a href="https://www.leagle.com/decision/inohco20220705527" rel="nofollow noreferrer"><em>Gresham v. Meadow Ridge Cincinnati Assoc.</em>, Ohio CoA (Jul. 5, 2020)</a> shows how attorney fees tend to be disproportionate: The ruling awarded the reimbursement of tenant's deposit ($395), statutory damages of $300, and $5,695 in attorney fees. Note that <em>Gresham</em> is premised on a statute that provides &quot;reasonable&quot; attorney fees.</p>
