Dallas-Fort Worth Real Estate Investor Club

Does anyone have an effective 'prevailing party' clause on their lease? if so, has it had the desired result?

  • 12 Nov 2010 11:59 AM
    Message # 461724

    I would like an effective clause to give protection to me from (or at least diminish) a frivolous lawsuitsuit.  My experience with the disagreements that result in an exchange of "I'm going to sue you" has been this:  bluff and bluster then nothing.   Nonetheless I'd like an additional firewall to squelch urban myth notions that circulate.

    I'm moving out a tenant (by not renewing a month to month lease).  While examining the lease I noticed a line "the prevailing party may recover ....attorney fees and all other litigation costs".   However the rest of the paragragh seems weak & reads poorly.

    Having a stern warning (perhaps one sided in the landlord's favor) in writing would be a nice way to remind a belligerent party they might not want to drag out a fight.   "an ounce of prevention"  etc.

    Does anyone have a court tested clause?  What has been most effective in communicating a no-nonsense message to tenants suspectible to urban myth hearsay?

    thanks

    Terry

    Last modified: 12 Nov 2010 11:59 AM | Terry Lekies
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