20 results for 'cat:"Landlord Tenant" AND cat:"Attorney Fees"'.
J. Gill finds the lower court improperly dismissed a tenant's claims for damages and attorney fees associated with an allegedly illegal eviction. A tenant was served with a five-day eviction notice by a landlord during a period when evictions were prohibited due to Covid-19. While the landlord eventually moved to dismiss its claim, the tenant’s counterclaims moved forward, but were dismissed on grounds that the Wisconsin Consumer Act did not apply to residential leases. But the instant court finds it does apply, as a residential lease is a consumer transaction, with the tenant as the customer. The matter is remanded to determine attorney fees owed to tenant’s counsel and to determine the amount of damages to be awarded to the tenant. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: April 23, 2024, Case #: 2022AP182, Categories: landlord Tenant, Damages, attorney Fees
J. Nunley awards $1.6 million in attorney fees to a cinema following its successful contract action against a shopping center. The requested $2.2 million in fees is lowered based, in part, on a reduction in requested hourly rates for the attorneys and legal staff.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 26, 2024, Case #: 2:16cv1066, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, attorney Fees, Contract
J. Brody finds the district court properly dismissed a tenant’s Idaho Consumer Protection Act counterclaim against the landlords and decisions concerning certain setoffs against property damages awarded to landlords. The tenant claims the lease was a lease to own a mobile home agreement. The landlords alleged violations of the agreement, then initiated an eviction action. The tenant failed to challenge the court’s findings. The landlords are entitled to attorney fees and cost. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 22, 2024, Case #: 49801, Categories: landlord Tenant, attorney Fees
J. Hellman finds the trial court properly granted summary judgment to the property owners on the renter's claims and awarded attorney fees. “Even though the record demonstrates that defendants knew that mold and spores had been present…that fact—without more—is insufficient to support a determination that defendants had actual notice that the property was uninhabitable…during plaintiff’s tenancy.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A176244, Categories: landlord Tenant, attorney Fees
J. Buller finds that restaurant owners were improperly ordered to pay attorney fees after being sued for failing to pay the lease and damages to property they had vacated because the language of the indemnity provision in the parties' contract did not clearly demonstrate intent to shift fees to the owners in the event of a dispute. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-0231, Categories: landlord Tenant, attorney Fees, Contract
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J. Kugler rules in part for a housing complex accused of attempting to change the terms of a residential lease after the tenant missed several rent payments. The tenant failed to respond to motions filed by the housing complex by set court deadlines, and evidence did not indicate the court acted with racial bias. Meanwhile, the complex did not attempt to charge the tenant attorney fees but failed to provide an analysis explaining why retaliation is not cognizable under state tenant laws.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 27, 2023, Case #: 1:19cv13412, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, landlord Tenant, attorney Fees
J. Altice finds that the small claims court properly awarded tenants judgment based on the condition of the rental property since the property owner attempted to relitigate the facts of the case. In light of the bad faith appeal, the matter should be remanded to award attorney fees to the tenants. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: December 4, 2023, Case #: 23A-SC-973, Categories: landlord Tenant, attorney Fees
J. Feuer finds the trial court properly entered a default judgment of $59,191 plus attorney fees against the homeowner who failed to file an answer when he was sued for breach of contract by renters. During the renters’ tenancy, they discovered mold and reached an agreement to receive an $8,000 credit. After the home was vacated, the owner did not pay the credit, return the security deposit or identify claimed deductions from the deposit. All evidence supports the judgment, and there was no error in allowing attorney fees as enforcement costs. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: October 3, 2023, Case #: B322796, Categories: landlord Tenant, Enforcement Of Judgments, attorney Fees
J. Manglona finds an investment company owes $766,000 in unpaid rent, attorney fees and other costs to the lumber company. The investment company did not pay rents for over one year and the lumber company did not constructively evict it from the warehouse property as it was still allowed access onto the property.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: August 25, 2023, Case #: 1:21cv27, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, Property, attorney Fees