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P0088 Although breach of the implied warranty of habitability is a tort, an action for such breach arises under the lease agreement, so attorney fee provisions contained in the lease apply; a prevailing party in an action arising from a contract providing for recovery of attorney fees may recover fees incurred under a contingent fee agreement; a contract may not permit the award of costs excluded as recoverable by statute.CitationFAIRCHILD v PARK (Habitability) 90 CA4 919 [See: CivC 1717; CCP 1033.5; Gonzales v Personal Storage 56 CA4 464, T/AT 8/97; Exxess v Heger 64 CA4 698, T/AT 7/98; Allstate v Loo 46 CA4 1794, T/AT 8/96]
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