Landlord Question and Answer Forum

Thank you in advance... I am a NJ tenant having resided in my unit for 5 years with no written lease in place. Landlord has raised rent and is asking me to sign a lease which contains the following clause... Attorney's Fees... In connection with all the Tenants defaults and all litigation involving either of the parties and this lease, tenant shall pay to landlord all reasonable fees, costs and other expenses which may become payable as a result thereof or in connection therewith including reasonable attorneys fees and expenses. Tenant will also pay landlords attorneys fees and expenses even if the tenant initiates the litigation or in connection with the defense of any and all counterclaims or cross claims by tenant. in connection with disputes arising from the negotiation of a new lease or lease extensions and/or for any and all appeals. Any provision in this lease affording landlord attorneys fees shall be considered as additional rent." landlord is too litigious for me to want this in there... he will not willingly omit it. is this a situation where i can either sign or be evicted.. do i have a defense? I cant find any case law with regards to this.. thank you again.

IF you don't feel comfortable with that clause, don't sign the lease.

Posted by Luis M, NJ on Wednesday, December 11, 2013