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naomil · Oct 5, 2011, 04:03 PM

is it OK for a landlord in the state of South Carolina to put in a lease that it is the tenants job to repair anything that goes wrong with the house knowing it was not up to code when the renters moved in? Also by law can the landlord make the tenent pay for attorney fees if the suit goes to court?

ScottGem · Oct 5, 2011, 04:15 PM

A lease is a contract, subject to negotiation. If you sign the lease you are generally agreeing to its provisions. Unless those provisions are specifically against the law it would be allowed.

No the landlord can't make you pay attorney's costs, but if you lose the suit the court can.

AK lawyer · Oct 5, 2011, 05:40 PM

Originally Posted by naomil

... Also by law can the landlord make the tenent pay for attorney fees if the suit goes to court?

Are you asking if it is lawful to put a term in the lease providing that if the LL has to take the tenant to court the LL can ask for attorney's fees? Yes, this is a very common term in contracts of all sorts. But you should insist that, if this is included in the lease, it should also provide that, if the tenant has to take the LL to court, the tenant's attorney's fees shall be awarded as well.

Originally Posted by ScottGem

... No the landlord can't make you pay attorney's costs, but if you lose the suit the court can.

In most states, attorney fees are not awarded unless they are provided for by contract or by a specific statute.

LisaB4657 · Oct 5, 2011, 09:20 PM

Originally Posted by ScottGem

No the landlord can't make you pay attorney's costs, but if you lose the suit the court can.

Scott, a very common phrase in contracts is that in the event of a lawsuit, the losing party will pay the attorneys' fees of the prevailing party.

Also, in every lease I handled if the landlord had to file a lawsuit against a tenant for non-payment of rent then all late charges as well as the landlord's legal fees would be added to the amount due, "as additional rent". That gave the landlord the right to have the tenant evicted if they paid the rent but not the late charge or legal fee (although as a practical matter, most judges refused to permit a residential eviction for non-payment of only late charges and legal fees).

Fr_Chuck · Oct 5, 2011, 09:29 PM

It is simple, if they want it in the lease, merely refuse to rent it and find something else.

ScottGem · Oct 6, 2011, 03:17 AM

Originally Posted by LisaB4657

Scott, a very common phrase in contracts is that in the event of a lawsuit, the losing party will pay the attorneys' fees of the prevailing party.

I said that wrong. I am aware of that being a standard clause. But its still a matter for the court to award it. A court could deny court costs to the winning party if it chooses. Rare though, as long as the parties agree to such a clause. But the way the OP asked the question was if the landlord could just force court costs on the tenant.

LisaB4657 · Oct 6, 2011, 04:15 AM

Originally Posted by ScottGem

I said that wrong. I am aware of that being a standard clause. But its still a matter for the court to award it. A court could deny court costs to the winning party if it chooses. Rare though, as long as the parties agree to such a clause. But the way the OP asked the question was if the landlord could just force court costs on the tenant.

No, Scott, it's not up to the court to award it. When it's something that has been contracted between the parties then the court does not make any kind of award.