Wash. Supreme Court published opinion — 929785.pdf

Citation: Wash. Supreme Court published opinion — 929785.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/929785.pdf ↗

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lower courts erred by refusing to consider the evidence Tenants presented on the

issue of just cause and relying solely on Landlords' certification.

III. Attorney Fees

Landlords request attorney fees pursuant to RAP 18.1. Suppl. Br. ofResp'ts

at 19. The RLTA provides that "the prevailing party [in an unlawful detainer action

regarding a holdover tenant] may recover his or her costs of suit ... and reasonable

-19-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, et al. v. Brown, et al., 92978-5

attorney's fees." RCW 59.18.290(2). Both the superior court and the Court of

Appeals awarded attorney fees to Landlords under the RLTA. CP at 245;

Faciszewski, 192 Wn. App. at 455.U Landlords do not prevail under our

interpretation of the JCEO, and we thus deny their request and reverse the award of

fees below.

Tenants also request attorney fees pursuant to RAP 18.1. Pet. for Review at

20. That rule requires the party to "devote a section of its opening brief to the request

for the fees," providing that "[r]equests made at the Court of Appeals will be

considered as continuing requests at" this court. RAP 18.l(b). Although Tenants

requested attorney fees only in their petition for review in this court, they requested

fees in their opening brief at the Court of Appeals. Br. of Appellants at 37-38.

Accordingly, we treat Tenants' request for fees under RCW 59.18.290(2) as

continuing. See RAP 18.1 (b). Because Tenants prevail in this court, they are entitled