Caps on attorneys’ fees in residential lease agreements are increasingly common and often recommended to landlords to prevent large attorneys’ fees being awarded if a landlord loses in a lawsuit against a tenant. In the case of 511 S. Park View, Inc. v. Maria Tsantis, the Plaintiff 511 S. Park View, Inc. appealed from an judgment of awarding $12,375 in attorney fees to defendants Maria Tsantis and Michael Iorio after the unlawful detainer court trial decision. The Landlord alleged that the award of attorney fees are limited by two express terms of the lease agreement, and hence the trial court incorrectly awarded an amount greater than $750 to the Tenants. On appeal, the Court decided that the trial court erroneously awarded the $12,375 because it was greater than the $750 cap in the lease agreement. The Landlord had originally filed an unlawful detainer alleging failure to comply with the Three Day Notice to Pay Rent or Quit. The complaint included a request for the possession of the premises, rent due of $1,050, holdover damages, and forfeiture of the lease agreement, costs, and attorney fees. Tenants filed an answer in response, where they requested reasonable attorney fees. After the court trial judgment was entered for the Tenant and against the Landlord, the Tenants filed their motion for attorney fees. The motion brought up that defendants should be entitled to recover $12,375 in attorney fees pursuant to Civil Code section 1717 and the attorney fees clause in the lease agreement. Also they brought up that the provision in the lease limiting the recovery of fees to $750 was unenforceable. Afterwards Plaintiff filed the opposition, debating that there was no right to recover attorney fees in excess of $750 since attorney fee provisions in lease agreements are enforced according to their terms. The trial court granted the motion for fees of $12,375. The Court found that if the parties agreed to cap attorneys’ fees at $750, the provision should be enforced. Although the Tenants argued that such a provision should be unenforceable, the Court did not agree. Caps on attorneys’ fees are important to avoid the situation that occurred. The Landlord unsuccessfully brought an eviction lawsuit and could have been hit with paying for its tenant’s attorneys’ fees of $12,375. In preparing such leases, a reasonable cap on attorneys’ fees should be included.