[WSBARP] Evictions and "Statutory Attorney Fees"

Wed Feb 1 13:56:12 PST 2023

I have no personal experience with this (since I've stopped doing
residential evictions), but I read the Title 59 language to refer only to
reasonable fees, not statutory.

Craig

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> Law Office of Craig Sjostrom, 1204 Cleveland Ave., Mount Vernon, WA  98273
Phone (360) 848-0339  Fax (360) 336-3488 email
<mailto:cdsjostrom at comcast.net> cdsjostrom at comcast.net

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Wednesday, February 01, 2023 1:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Evictions and "Statutory Attorney Fees"

BUT BUT BUT,

RCW 4.84.080 says "When allowed to either party, costs to be called the
attorney fee, shall be as follows:  (1) In all actions where judgment is
rendered, two hundred dollars." And RCW 4.84.010 says "The measure and mode
of compensation of attorneys and counselors, shall be left to the agreement,
expressed or implied, of the parties, but there shall be allowed to the
prevailing party upon the judgment certain sums for the prevailing party's
expenses in the action, which allowances are termed costs, including, in
addition to costs otherwise authorized by law, the following expenses:..(6)
Statutory attorney and witness fees"

AND RCW 59.18.290 says "..Where the court has entered a judgment in favor of
the landlord restoring possession of the property to the landlord, the court
may award reasonable attorneys' fees to the landlord; however, the court
shall not award attorneys' fees in the following instances:

(a) If the judgment for possession is entered after the tenant failed to
respond to a pleading or other notice requiring a response authorized under
this chapter.."

So, has anyone been denied atty fees under 59.18.290 but still receive
"statutory" atty fees under Chapter 4.84???  RCW 59.19.290 sure seems clear
that "the court shall not award attorney fees" means all atty fees, but,
then again, that's why I am asking.

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Craig Sjostrom
Sent: Wednesday, February 1, 2023 1:28 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Evictions and "Statutory Attorney Fees"

I assume he's referring to 4.84.010 and .080

Craig

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> 

> Law Office of Craig Sjostrom, 1204 Cleveland Ave., Mount Vernon, WA  98273
Phone (360) 848-0339  Fax (360) 336-3488 email
<mailto:cdsjostrom at comcast.net> cdsjostrom at comcast.net

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Paul Neumiller
Sent: Wednesday, February 01, 2023 12:43 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >; Listserve RealProp
(realprop at googlegroups.com <mailto:realprop at googlegroups.com> )
<realprop at googlegroups.com <mailto:realprop at googlegroups.com> >
Subject: [WSBARP] Evictions and "Statutory Attorney Fees"

I was at a Show Cause Hearing and the tenant was a no show.  As I'm walking
the judge through the proposed orders and filling in the blanks, I state
that the LL is not seeking atty fees because, under RCW59.18.290, the LL is
not entitled to atty fees if the tenant is a no show.  Then the judge said,
"well you might not be entitled to reasonable attorney fees under this
section but you can still request statutory attorney fees?"  Huh??  My
client was only interested in the Writ so I answered that the LL was waiving
ALL atty fees and we moved on.  Anyone have any guess what the judge was
talking about?  Are there "statutory attorney fees" in an unlawful detainer
other than RCW 59.18.290 and .410?!?!  

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