Section 234. Tenants' right to recover attorneys' fees in actions or summary proceedings arising out of leases of residential property  


Latest version.
  • Whenever a
      lease of residential property  shall  provide  that  in  any  action  or
      summary  proceeding  the  landlord  may  recover  attorneys' fees and/or
      expenses incurred as the result of the failure of the tenant to  perform
      any  covenant or agreement contained in such lease, or that amounts paid
      by the landlord therefor shall be paid by the tenant as additional rent,
      there shall be implied in such lease a covenant by the landlord  to  pay
      to the tenant the reasonable attorneys' fees and/or expenses incurred by
      the  tenant  as the result of the failure of the landlord to perform any
      covenant or agreement on its part to be performed under the lease or  in
      the  successful defense of any action or summary proceeding commenced by
      the landlord against the  tenant  arising  out  of  the  lease,  and  an
      agreement  that  such  fees and expenses may be recovered as provided by
      law  in  an  action  commenced  against  the  landlord  or  by  way   of
      counterclaim  in  any  action  or  summary  proceeding  commenced by the
      landlord against the tenant. Any waiver of this section shall be void as
      against public policy.