Waddell

Defendants R. Duke Waddell and Shirley Wad-dell (defendants or the Waddells) appeal from a judgment in favor of Desert Plaza Partnership (Desert Plaza or plaintiff) under Civil Code section 1951.2 for rents in the amount of $11,494, unpaid common area charges in the amount of $5,004.21, and a closing water bill of $12.40 together with interest in the amount of $4,014.46, attorney fees of $5,040 and litigation expenses of $313.23.

Facts

On about July 8, 1977, a lease was executed between Home Savings and Loan Association as lessor and defendants as lessees whereby defendants leased a store in the Desert Inn Fashion Plaza, a shopping center in Palm Springs. The business operated in the store was known as Optique Unique.

Thereafter Home Savings and Loan Association sold the shopping center to Desert Plaza Partnership, plaintiff herein, and Desert Plaza assumed all rights and responsibilities of the lessor under the July 8, 1977, lease.

Article XXI of the lease provided in section 21.01 in pertinent part: “Should Lessee at any time be in default hereunder with respect to any rental payments or other charges payable by Lessee hereunder, and should such default continue for…