Landlord-only attorneys' fees clause
If the landlord can recover attorney fees but you can't, that's unfair. Many states automatically make such clauses reciprocal.
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What it actually means
A one-way fee clause means if the landlord sues you and wins, you pay their lawyer. If you sue and win, you get nothing.
California, New York, and other states convert one-way clauses to two-way by law. Check your state.
What it looks like in a lease
"In any action to enforce this Lease, Landlord shall be entitled to recover reasonable attorneys' fees from Tenant."
What to watch for
- Whether it's reciprocal
- State law on fee-shifting
How to negotiate it
'I'll accept this if it applies both ways.' Or cite state law requiring reciprocity.
When it crosses into a red flag
- One-way only
- No reciprocity
Frequently asked questions
Can I recover fees if I win?
Depends on state law. Many states make one-way clauses reciprocal automatically.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
