Tenant Is 'Prevailing Party' Under Fee-Shifting Provisions

Tenant Is 'Prevailing Party' Under Fee-Shifting Provisions



Facts: A retail lease provided that attorney’s fees and expenses would be awarded to the prevailing party in “any dispute” between the owner and tenant arising out of the use or occupancy of the space. The owner later sued the tenant for several claims involving lease violations. After the tenant successfully defended itself against one of the owner’s claims—forcible-entry-and-detainer—it was allowed to continue occupying its space; it didn’t prevail on the other claims.

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