lease term, and $6,822.29 for Hall's costs for mitigation and cleaning.
The lease provided that in case of Feigenbaum's default, Hall had the right
to either
terminate the Lease and re-enter the Premises, or. . . without
terminating this Lease, re-enter said Premises, and sublet the
whole or any part thereof for the account of the Lessee upon as
favorable terms and conditions as the market will allow for the
balance of the term of this Lease and Lessee covenants and
-15-
No. 68727-1-I (consol. with
No. 68927-4-l)/16
agrees to pay to Lessor any deficiency arising from a re-letting of
the Premises at a lesser amount than herein agreed to.
RCW 59.12.170 provides that the court "shall assess the damages
occasioned to the plaintiff. . . alleged in the complaint and proved on the
trial, and . . . find the amount ofany rent due."38
RCW 59.12.170 entitles Hall to damages and "any rent due," and
the lease entitles him to any deficiency in rent payments arising from the
need to relet following default. Feigenbaum failed to raise any genuine
issue of material fact about what he owed Hall. We affirm the trial court's
order on summary judgment and award of damages and costs to Hall.
Attorney Fees
Feigenbaum also appeals the trial court's award to Hall of $43,000
in reasonable attorney fees and costs. This court applies a two-part
review to awards or denials of attorney fees: (1) the court reviews de
novo whether a legal basis exists for awarding attorney fees by statute,
under contract, or in equity and (2) the court reviews the reasonableness
of an attorney fee award for abuse of discretion.39 Atrial court abuses its