Attorneys’ fees provisions in commercial leases.

This bill would require that when a commercial lease contains a provision allowing landlords to recover attorneys’ fees in a legal proceeding against a tenant for a tenant’s default on lease obligations, there be a presumption that tenants can recover attorneys’ fees for a landlord’s default on lease obligations and in the successful defense of a legal proceeding commenced under the lease by the landlord against the tenant. The tenant would be able to recover attorneys’ fees through a legal proceeding commenced against the landlord or through a counterclaim in any legal proceeding commenced by the landlord against the tenant. This bill would apply to contracts entered into or renewed after the bill’s effective date.