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Can a landlord require a tenant to pay attorney fees in conflicts?

Can a landlord require a tenant to pay attorney fees in conflicts?

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 is not legal for a rental agreement to require the tenant to pay the landlord's attorney fees in case of a conflict. You can refuse to accept such a clause.

Iowa Code § 562B.11 states that a rental agreement cannot include provisions that:

a. Waive rights or remedies under this chapter;
b. Require one party to pay the other party's attorney fees;
c. Limit liability or indemnify the other party for legal issues;
d. Designate an agent for the sale of the tenant's mobile home.

Any clause that violates these rules is unenforceable. If either party knowingly uses a rental agreement with prohibited provisions, the other party may seek actual damages. However, the law does allow for a rental agreement to require tenants to maintain liability insurance that names the landlord as an insured party regarding the rented mobile home space.

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.