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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 ...
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.
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 ...
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.
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
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 ...
The law responds to each of them by imposing an obligation to pay compensatory damages. Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution. Example. In Attorney General v Blake, [25] an English court found itself faced with the following claim. The ...
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