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Can there be a provision in the rental agreement in which one party agrees to pay the other party's attorney fees.

Can there be a provision in the rental agreement in which one party agrees to pay the other party's attorney fees.

Q: Do verbal rental agreements hold up in court?

Verbal rental agreements can hold up in court, but they are more challenging to prove than written agreements. Courts will look for evidence of the agreement's terms, such as witness testimony or payment records. It's advisable to have rental agreements in writing to provide clarity and protect both parties' rights.

Q: What is a tenancy clause?

A tenancy clause in a lease agreement defines the terms of the tenant's occupancy, including the duration of the lease, rent payment terms, and responsibilities of both the landlord and tenant. This clause helps clarify the rights and obligations of each party, which can prevent misunderstandings and legal issues.

Q: Can a landlord change their mind after a verbal agreement?

Yes, a landlord can change their mind after a verbal agreement, but this may depend on the circumstances and whether any actions have been taken based on the agreement. If a tenant has already moved in or made payments, it may complicate the situation. It's always best to formalize agreements in writing to avoid such issues.

Full question:

My landlord says that he wants to add a clause in the agreement, which says that the tenant would be responsible for paying landlord attorney fees in case there is any conflict. Is that a legal thing to do? Please advise.

Category: Landlord Tenant
Date: 04/07/2025
State: Iowa

Answer:

No, it isn’t legal to have a clause or agreement in the lease saying that the tenant would pay the rental fee in case there’s any conflict. You can refuse to have such clause added in the agreement.

Iowa Code § 562B.11 says:

“Prohibited provisions in rental agreements.

1. A rental agreement shall not provide that the tenant or landlord does any of the following:
     a. Agrees to waive or to forego rights or remedies under this chapter.
     b. Agrees to pay the other party's attorney fees.
     c. Agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the costs connected therewith.
     d. Agrees to a designated agent for the sale of tenant's mobile home.
2. A provision prohibited by subsection 1 included in a rental agreement is unenforceable. If a landlord or tenant knowingly uses a rental agreement containing provisions known to be prohibited by this chapter, the other party may recover actual damages sustained.
3. Nothing in this chapter shall prohibit a rental agreement from requiring a tenant to maintain liability insurance which names the landlord as an insured as relates to the mobile home space rented by the tenant.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How legally binding is a verbal agreement?

A verbal agreement can be legally binding, but it is often harder to enforce than a written contract. In many cases, the terms must be clear and both parties must agree. However, certain agreements, like those related to real estate, typically need to be in writing to be enforceable under state law. Always consider documenting agreements to avoid disputes later.

Do verbal rental agreements hold up in court?

What is the attorney fee clause in a contract?

An attorney fee clause in a contract specifies that one party must pay the legal fees of the other party if there is a dispute. However, in many states, including Iowa, such clauses cannot require a tenant to pay a landlord's attorney fees in rental agreements. Always review contracts carefully to understand any fee obligations.

What does the use clause in a lease also affect?

The use clause in a lease outlines how the rented property can be used. It affects what activities are permitted, such as residential or commercial use, and can influence tenant rights and landlord responsibilities. Violating this clause can lead to eviction or legal disputes, so it's important for tenants to understand its terms.