Tsantis

INTRODUCTION

Plaintiff 511 S. Park View, Inc. appeals from an order awarding $12,375 in attorney fees to defendants Maria Tsantis and Michael Iorio following an unlawful detainer court trial. Plaintiff contends the award of attorney fees was limited by the

1 express terms of the parties‟ lease agreement, and therefore the trial court erred in awarding an amount in excess of $750. We conclude that the court‟s ruling was in error and reverse the attorney fees order.

BACKGROUND

Plaintiff filed an unlawful detainer complaint against defendants alleging failure to comply with a three-day notice to pay rent or quit. The complaint requested possession of the premises, past due rent of $1,050, holdover damages, forfeiture of the lease agreement, costs, and reasonable attorney fees. In response, defendants filed an answer, in which they also requested reasonable attorney fees. Following a court trial wherein judgment was rendered in defendants‟ favor, defendants filed a motion for attorney fees as the prevailing parties. The motion argued defendants were entitled to recover $12,375 in attorney fees pursuant to Civil Code section 1717 and the attorney fees clause in the parties‟ lease…