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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 ...
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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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 ...
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 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 tenant's advantage to complain about code violations in writing before the landlord issues a notice of eviction or a rent increase.
As of May 5, WDRC had managed 150 cases in 2023. Of those, 30 were landlord-tenant related, with 19 related to deposit returns. In 2022, WDRC managed 233 cases. 56 of them were landlord-tenant ...
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