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On that date the landlord took possession of the premises and attempted to find a new tenant. At trial the landlord claimed damages suffered for rescission but more importantly, also for prospective loss resulting from the respondent's failure to carry on a supermarket business in the shopping centre for the full term of the lease. [2]
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If a tenant is sued by their landlord because the tenant abandoned the property or failed to pay rent, the tenant can use constructive eviction as a defense. If used successfully, this defense protects the tenant from being held liable to the landlord for damages damages .
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 who has standing to sue for eviction and/or damages, and not the landlord. The tenant may not cancel the lease or refuse to pay rent due to the landlord for the time that the ...
The landlord must provide a move-in checklist that is signed by both parties documenting any preexisting damages ... It also adds a three-year statute of limitations for landlords to sue tenants ...
Tenants of an apartment building in East Harlem are suing their landlord, alleging that the landlord hasn't made needed repairs to the building and has stolen security deposits from them.
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 ...
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 landlord may not simply let the house lie empty for eleven months and then sue the tenant for eleven months' rent. [6]
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