Landlord sued former tenants for failure to pay rent and related charges and for early termination of the written lease and physical damage to the property in excess of the security deposit. As part of the claim, Landlord also sought recovery of attorneys’ fees under KRS 383.660 for the tenants’ willful breach of the lease. The trial court granted a partial summary judgment on the unpaid rent and liquidated damages arising from the lease but set a bench trial to address the claim for recovery of physical damages and repair costs. Following the bench trial the court issued an Opinion and Order (June 12, 2015) awarding the sums to the Landlord and further awarding attorneys’ fees under the statute. The court directed for the fee recovery to be quantified that Landlord’s counsel file additional information documenting the fee claim. Thereafter the Court entered an Amended Final Opinion and Judgment (January 15, 2016) awarding the total fees requested.
KRS 383.660/Landlord/tenant/willful breach of lease/fee recovery