Tenant Must Be 'Prevailing Party' to Collect Attorney’s Fees

January 31, 2014
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Facts: An owner and tenant signed a 60-month lease that included an attorney’s fees provision. Toward the end of the lease, the tenant stopped paying rent. The owner sued the tenant for the back rent, and pursued an unlawful detainer action, separately. A court determined in the detainer action that the tenant should be permitted to stay in the premises. The tenant asked the court to award attorney’s fees to it. The court denied the request, and the tenant appealed.

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