Phoenix Property Management - The rental agreement should provide payment of expense incurred to bring legal action.
The act provides that after a special detainer action has been filed, the tenant may reinstate the rental agreement only by paying past due rent; late fees; attorney's fees, and court fees. Your rental agreement should also include this.
Your rental agreement should include language that entitles you to attorney fees and legal expenses whether or not action is contested. The reason for this is simple. The statue does not adequately protect the landlord's interest. Consider this language in your rental agreement.
"Landlord and Tenant agree that the prevailing party in any litigation, action or controversy arising from this rental agreement shall be entitled to reimbursement of or, if appropriate, an award of reasonable attorneys fees, litigation expenses and court costs incurred prior to trial, during trial, post judgment and/or on appeal, without regard to whether or not the matter is contested".
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