Council House, Inc. v. Hawk, 136 Wash. App. 153 (2006)

Citation: Council House, Inc. v. Hawk, 136 Wash. App. 153 (2006)
Parent Document: Council House, Inc. v. Hawk, 136 Wash. App. 153 (2006)
Jurisdiction: Washington (state)
Effective Date: 2006-12-11
Original Source: https://www.courtlistener.com/opinion/4941987/council-house-inc-v-hawk/ ↗

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¶19 Council House finally argues that any fees to Hawk should be offset by fees to Council House under the retaliatory eviction statute, RCW 59.18.250. But Council House failed to request an award of fees when Hawk withdrew her retaliatory eviction claim, so this argument has not been preserved.23 In any event, Council House is not entitled to an offset. RCW 59.18.250 provides fee awards to tenants who prevail on “[their] claim or defense that the landlord has violated this section” and awards a landlord his attorney fees when he “prevails upon his claim.”24 Under the plain meaning rule, the phrase “upon his claim” means the landlord must prevail in the unlawful detainer action. Council House did not prevail and sought dismissal without fees to either party.

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