Can there be a provision in the rental agreement in which one party agrees to pay the other party's attorney fees.
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.
03/03/2017 |
Category: Landlord Tenant |
State: Iowa |
#33278
Answer:
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.”