North Associates. v. Bell

Robert Y. Bell (Bell) appeals from a postjudgment order determining that respondent North Associates (North) was entitled to attorney’s fees as the prevailing party in its action for unlawful detainer. We affirm.

I

At all relevant times, North was the owner of real property located at 858 Third Street, Santa Rosa. On March 13, 1981, Bell entered into a commercial lease agreement with North for the use and possession of the property. The lease was for a period of six months, commencing on March 15, 1981, and ending September 14, 1981. It contained an option to renew for a six-month period beginning on September 15,1981, and ending March 14, 1982. In addition, the lease contained a “hold over” provision stating that “[a]ny holding over after the expiration of this lease, with the consent of Lessor, shall be construed as a month-to-month tenancy at a rental of $1,200.00 per month, otherwise in accordance with the terms hereof, as applicable.” Finally, the lease contained the following attorney fees provision: “In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the…