to enforce any provision contained herein. . . Resident shall be responsible for and shall
pay as additional rent, all costs, expenses and attorney’s fees incurred by Owner.”
While the language of the lease is unilateral, RCW 4.84.330 converts the term to a
bilateral fee provision. When a lease provides for one party to receive attorney fees and
costs incurred to enforce the provisions of the lease, “the prevailing party, whether he or
she is the party specified in the contract or lease or not, shall be entitled to reasonable
attorneys’ fees in addition to costs and necessary disbursements.” RCW 4.84.330.
The only issue on appeal is the validity of the lease provision forfeiting the
security deposit upon abandonment of the lease. Gebreseralse is the prevailing party on
this issue and entitled to her fees on appeal both in this court and, because we reverse
the King County Superior Court’s decision, on her RALJ appeal. 5
5
Because we award fees under the terms of the lease, we need not address the other
grounds raised by the parties.
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 82976-9-I/12
We reverse the superior court’s judgment in favor of CDR, including the award of
attorney fees and costs. We remand to the superior court and direct it to vacate its
judgment and remand to the district court to reinstate its order and to enter judgment,
accounting for attorney fees awarded to CDR on the initial action and to Gebreseralse
on both the RALJ appeal to the superior court and to this court pursuant to RAP 18.1(i).
WE CONCUR:
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