Cal. Civ. Code § 20
Attorneys' fees and expenses; residential lease provisions; implied covenant; waiver
Operative Text
Section 20. Whenever a lease of residential property shall provide that in any action or summary proceeding the landlord may recover attorneys' fees and 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 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.
Mass. Gen. Laws c. 186 § 20 establishes a reciprocity rule for attorneys' fees in residential leases: if a lease gives the landlord the right to recover attorneys' fees and expenses from a tenant who breaches the lease, the law automatically reads an equivalent right into that same lease on the tenant's behalf. This implied covenant entitles the tenant to recover reasonable attorneys' fees and expenses when the landlord fails to meet its own lease obligations or when the tenant successfully defends against a landlord-initiated action. Any lease clause that attempts to waive or disclaim this reciprocal right is void as a matter of public policy.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 20, a landlord who includes an attorneys' fees clause in a residential lease should understand that the clause simultaneously creates a mirror-image obligation running in the tenant's favor. Compliant operators account for this reciprocal exposure when drafting lease terms and when evaluating whether to pursue legal action against a tenant, since a tenant who successfully defends such an action may be entitled to recover their reasonable fees and expenses. Because any attempt to waive this statutory protection is unenforceable, lease language purporting to limit or eliminate the tenant's fee rights under this section carries no legal effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 20 gives residential tenants an implied right to recover reasonable attorneys' fees and expenses whenever their lease contains an attorneys' fees clause favoring the landlord and the landlord has failed to perform its own lease obligations or the tenant has successfully defended a landlord-initiated proceeding. Tenants may pursue this right either by bringing a separate action against the landlord or by raising it as a counterclaim within a proceeding the landlord has already started. Tenants who believe this provision applies to their situation may find it useful to review their lease's attorneys' fees language, consult a tenant-rights organization, or contact a legal aid office familiar with Massachusetts housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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