Whether the first-instance cost order should be overturned because the enforcement request became moot after the tenants left the apartment.
No. When a case becomes moot for reasons other than settlement, acquiescence or withdrawal, costs are allocated in equity; here the tenants' conduct justified charging them with the costs.
The tenants acquiesced by conduct to the enforcement request and there was no evidence they had already planned to leave or informed the landlord. The landlord promptly notified the court once the premises were vacated, so no lack of diligence was shown.