Payment of LL legal expenses

[BingoBuddy]

I have a question about a "Tenant is responsible for legal fees" clause in my lease.

The lease states that I am responsible for expenses in recovering possession of the premise after expiration of the lease, including legal expenses for proceedings, attorney fees, etc.

Here's my situation. I recently purchased a new apartment and should be able to move in at the end of summer. My lease expired at the end of May. I sent in rent for June, and the LL accepted the rent, all without renewal of the lease. So I'm month to month now. I tried to negotiate an extension and a short term lease, but for whatever reason LL didn't accept it, wanted a full year renewal. Apartment is non-regulated, no renewal clause in the lease.

I'm concerned now, since my LL could give me 30 days notice at any time, and I won't have a place to move for ~2 months. I'm sure a judge would grant an extension, should it come to that, and I don't mind paying the same rent until I move. But would I still be responsible for the LL legal fees, should it go to court? Does the fact that I have transitioned to month-to-month terminate my liability for legal fees, or does that clause in the lease follow me until I physically leave the apartment? I plan on taking this question to an attorney in person soon, but would like a little peace of mind in the meantime. My LL is not behaving rationally, already threatened to sue me claiming I was on a deemed lease.

Thanks for reading.

[TenantNet]

Such clauses are common. But it goes both ways. If the tenant wins the case, the tenant can recover legal fee (to the "prevailing party").

Such fees can ONLY be awarded by a judge. NEVER EVER pay any legal fees unless the court has ordered it.

If he gave you a 30 day notice today, it's not effective until August 1st. That still leaves you up short, but such is life. You can negotiate an additional month, or he could take you to court. And yes, it's possible you could be liable for legal fees.

Didn't you ask this same question about a week ago? Different user name?

[BingoBuddy]

Thanks for your reply! I didn't have this problem a week ago :). Sorry if I posted a question that has already been answered.

I thought the 30 days notice was active when it was served, but it appears you are correct, and I am covered till August 1st. That's reassuring.