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Nor can the landlord lock out the tenant or remove him/her from their apartment without going through the proper court procedure. The tenant can ask the court to issue a restraining order, file a criminal complaint against the landlord, or sue him/her for money damages and attorney's fees. Because of these options for recourse, it may be to the ...
Remedy: The misled party may rescind but has no entitlement to damages under s.2(1). However, the court may "declare the contract subsisting" and award damages in lieu of rescission. [70] (By contrast, the victim of a breach of warranty in contract may claim damages for loss, but may not repudiate.) [71]
For example, consider a tenant who signs an agreement to rent a house for a year, but moves out (and stops paying rent) after only one month. The landlord may be able to sue the tenant for breach of contract: however, the landlord must mitigate damages by making a reasonable attempt to find a replacement tenant for the remainder of the year.
The term "reservation of rights" (particularly a "reservation of rights letter”) is often used in connection with insurance claims. The insurance company issues a reservation of rights letter stating that it may deny coverage for some or all of the claim even while the company is investigating the claim or beginning to treat the claim as if ...
SOUTH BEND — A local landlord with a history of legal trouble recently lost judgments in separate cases awarding more than $1.1 million in damages to two tenants, one of whom was allegedly ...
In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant ...
He wanted to collect $3.1 million in damages for their loss. Judge rejects ‘false’ damage claims from Texas church, hundreds of others in Surfside case Skip to main content
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