Kaufman v. Heller

Landlord Robert S. Kaufman appeals a final judgment awarding tenants/counter-claimants, Gary D. May and Daryl Scott, damages and attorney’s fees. We reverse the fee award to the tenants and remand for an award of attorney’s fees to the landlord.

The landlord filed an action against the tenants seeking possession of the leased premises, costs and fees. During the pen-dency of the proceedings, the lease term expired; however, the tenants remained in possession of the property. The landlord filed a motion for judgment of possession. After a hearing on the motion, the trial judge ordered the…