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Posted by TenenatNet on December 25, 1998 at 23:22:44:

In Reply to: Don't worry posted by jerry on December 19, 1998 at 01:30:30:

: The very end of a non-payment proceding (or the end of ANY lawsuit for that matter) is known as a judgment. There is only one judgment in every lawsuit. So, if the landlord was not awardd attornye's fees in the judgment, please relax. Implicidly, the judge did not award attorney's fees.

The LL could make a motion for atty fees if there is such a clause in the lease (and it works both ways in case the tenant wins even if it doesn't say so in the lease). But if it was a holdover case (not a non-payment) and if the LL did not get his primary goal (eviction), then I would say the tenant is the prevailing party. But this is a fluid interpretation as the courts are constantly changing their opinion of this.

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: : The very end of a non-payment proceding (or the end of ANY lawsuit for that matter) is known as a judgment. There is only one judgment in every lawsuit. So, if the landlord was not awardd attornye's fees in the judgment, please relax. Implicidly, the judge did not award attorney's fees. 

: The LL could make a motion for atty fees if there is such a clause in the lease (and it works both ways in case the tenant wins even if it doesn't say so in the lease). But if it was a holdover case (not a non-payment) and if the LL did not get his primary goal (eviction), then I would say the tenant is the prevailing party. But this is a fluid interpretation as the courts are constantly changing their opinion of this.


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