A commercial landlord brought an eviction against its tenant. The landlord also filed a separate lawsuit for rent and other money allegedly owed. The eviction was set for trial.
The landlord and tenant agreed that the tenant would vacate prior to the trial date, and the tenant in fact vacated the commercial rental property. The tenant then moved for attorney fees, arguing that the landlord did not prevail in the eviction. The trial court denied the motion for fees, noting that neither party “won” the eviction case and the separate lawsuit for rent and other alleged damages was still pending. The tenant appealed.
The Washington Court of Appeals upheld the trial court’s denial of the tenant’s motion for attorney fees, and awarded the landlord attorney fees for the appeal.
Our firm took no part in the case discussed in this article.
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