Cal. Civ. Code § 234
Right to recover attorneys' fees in actions or summary proceedings arising out of leases of residential property
Operative Text
§ 234. Right to recover attorneys' fees in actions or summary proceedings arising out of leases of residential property. 1. 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. A landlord may not recover attorneys' fees upon a default judgment. Any waiver of this section shall be void as against public policy. 2. Notwithstanding the provisions of subdivision one of this section, where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation, other than a cooperative housing corporation subject to the provisions of article two, article four, article five or article eleven of the private housing finance law, attorney's fees may be awarded to either party in the event of default judgment if recovery of attorney's fees is provided for in the proprietary lease or occupancy agreement.
N.Y. Real Prop. Law § 234 establishes a reciprocity rule for attorneys' fees in residential lease disputes. When a lease gives a landlord the right to recover attorneys' fees from a tenant for breaching the lease, the law automatically implies an equal and mirror-image right for the tenant to recover reasonable attorneys' fees when the landlord breaches the lease or when the tenant successfully defends a landlord-initiated action or proceeding. The statute also bars landlords from collecting attorneys' fees through a default judgment, and any lease clause attempting to waive these protections is void. A limited exception applies to certain cooperative apartment owners, who may be eligible for fee awards on default judgments if their proprietary lease or occupancy agreement permits it.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 234, a landlord who includes an attorneys' fees clause in a residential lease automatically grants the tenant a reciprocal right to seek those same fees. Compliant operators are generally aware that any attorneys' fees provision they draft will be read as a two-way obligation, and they factor that exposure into decisions about lease language and litigation. Landlords also take note that § 234 prohibits recovering attorneys' fees through a default judgment in standard residential tenancies, meaning fee recovery requires an actively litigated proceeding on the merits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 234 gives residential tenants an implied right to recover reasonable attorneys' fees whenever their lease contains an attorneys' fees clause favoring the landlord. This right can be exercised by bringing a separate action against the landlord or by raising a counterclaim within a proceeding the landlord has already initiated. Tenants who believe this right applies to their situation may find it useful to consult a tenant-rights organization or legal aid office to understand how § 234 might be raised in their particular proceeding.
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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