Tenant pays landlord's attorneys' fees in any dispute
Common but one-sided. Many states automatically make these clauses 'reciprocal' — meaning if you win, the landlord pays YOUR attorneys' fees too. But the clause still discourages tenants from suing.
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What it actually means
By default, American courts make each side pay its own lawyer. A 'prevailing party' clause flips that — whoever wins forces the loser to pay. When the clause only protects the LANDLORD, it's designed to scare tenants out of bringing legitimate claims.
Several states (CA Civil Code §1717, FL §83.48, and others) automatically convert one-way attorneys' fee clauses into mutual ones. So even if it says 'Landlord's attorneys' fees only,' the law reads it as 'whoever wins.' But not every state does this.
What it looks like in a lease
"In the event Landlord retains an attorney to enforce any provision of this Lease or to collect any amounts owed by Tenant, Tenant shall pay all of Landlord's reasonable attorneys' fees and costs, regardless of whether suit is filed."
What to watch for
- Whether the clause is one-way (red flag) or mutual ('prevailing party' — better)
- Whether fees apply to ANY dispute or only to collection actions
- Whether fees apply 'whether or not suit is filed' (lets the landlord rack up fees out of court)
How to negotiate it
Strike and replace with: 'In any action arising out of this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.' Adds protection for both sides and discourages frivolous claims either way.
When it crosses into a red flag
- Fees owed 'regardless of outcome' (tenant pays even if tenant wins)
- Fees owed before suit is filed
- Fees include landlord's in-house lawyers at outside rates
Frequently asked questions
If I win the lawsuit, do I still have to pay the landlord's lawyer?
No — if you actually win, the clause doesn't apply (you're not the loser). And in many states, it's converted to a mutual clause, so you'd recover YOUR fees too.
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.
