Collins v. Hurst

Plaintiffs George and Margaret Collins (the Collinses) filed suit to recover unpaid rent from their former tenants, Michael Hurst and Combined Health Services, EC. (Hurst). The circuit court awarded $7,040.06 damages, but denied the Collinses’ request for attorney fees and late payment charges. The Collinses appeal. We reverse and remand.

The Collinses, as lessors, and Hurst, as lessee, entered into a lease agreement for commercial property. Paragraph 20 of the agreement provided that “Lessees shall be responsible for any or all attorney fees such be incurred during the term of this agreement…