Clause in lease doesn't protect landlord with habit of leering

Question: My landlord has behaved dreadfully toward my teenage daughter, harassing her with suggestive remarks and questions about her appearance and social life. I've told him to stop, but he hasn't. He's threatened me too, warning that if I sue him and lose, I'll have to pay for his attorney and court costs. It seems that I would, since my lease has an "attorney's fees" clause that says that the loser pays the winner's costs and fees. I know lawyers are expensive and lawsuits are not sure winners, and I don't know if I could pay. What do you think?

Answer: The clause in your lease is common, but it applies only to lawsuits that concern the lease. For example, if you fail to pay the rent and the landlord has to go to court to evict you, the clause means you'll pay the landlord's attorney's fees and court costs. Or, if the landlord fails to return your security deposit and you successfully sue to get it back, you'll be able to collect your fees and costs from him.

In practice, the attorney's fees clause is used mostly in eviction lawsuits, because most other legal spats over the tenancy end up in Small Claims Court. In many states, you can't bring a lawyer with you to Small Claims Court (though there are modest filing fees).

A sexual harassment lawsuit, however, would not be covered by the attorney's fees clause in your lease. That means that the general rule -- each side pays its own fees and costs -- would apply, unless a specific state law directs that in your type of case, the loser pays the winner's fees and costs.

But first, consider filing a complaint with the Department of Housing and Urban Development or your state's agency responsible for enforcing anti-discrimination laws. These agencies have lawyers who will evaluate and handle your case, and you will not be asked to front your own fees or costs.

Manager avoids a 'steering' trap

Question: A family of four recently visited the large apartment complex that I manage. They asked to be shown three-bedroom units near other families. They said they wanted to make it easy for their kids to play with others, and they were hoping they might share child care with other renters.

I showed them every available three-bedroom unit, thinking that fair-housing laws required me to do so. The family went along with the tour, but thought I was being ultra-politically correct. Was I?