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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 ...
Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
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 ...
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 ...
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.
Tortious interference of business – When false claims and accusations are made against a business or an individual's reputation in order to drive business away. Tortious interference of contract – When an individual uses "tort" (a wrongful act) to come between two parties' mutual contract.
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Landlord–tenant law governs the rights and responsibilities of leasehold estates, like in an apartment complex. Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants. In common law legal systems such as Irish law, landlord–tenant law includes elements of the common law of real property and ...
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