23 results for 'cat:"Landlord Tenant" AND cat:"Damages"'.
J. Hassan finds that the trial court partly erred regarding the damages awarded to the landlord in a suit against the former tenant alleging breach of lease. The evidence was insufficient to support the damages awarded to the landlord for re-leasing expenses, and the tenant was owed a credit of $100,000 for the security deposit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00727-CV, Categories: landlord Tenant, damages, Contract
J. Traver finds the trial court improperly denied the tenants’ motion to reconsider and entered a final judgment in favor of the landlord in this eviction lawsuit. The tenants argue the total amount of rent due was wrong and they were entitled to a hearing on their motion to reconsider. The judgment of eviction is vacated and remanded to determine the correct amount of rent due. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: April 26, 2024, Case #: 6D23-2223, Categories: Civil Procedure, landlord Tenant, damages
J. Gill finds the lower court improperly dismissed a tenant's claims for damages and attorney fees associated with an allegedly illegal eviction. A tenant was served with a five-day eviction notice by a landlord during a period when evictions were prohibited due to Covid-19. While the landlord eventually moved to dismiss its claim, the tenant’s counterclaims moved forward, but were dismissed on grounds that the Wisconsin Consumer Act did not apply to residential leases. But the instant court finds it does apply, as a residential lease is a consumer transaction, with the tenant as the customer. The matter is remanded to determine attorney fees owed to tenant’s counsel and to determine the amount of damages to be awarded to the tenant. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: April 23, 2024, Case #: 2022AP182, Categories: landlord Tenant, damages, Attorney Fees
J. Keough finds the trial court properly granted the tenants' request for a stay in proceedings because the motion was not frivolous, but was made to allow another court to rule on the parties' related foreclosure case. Meanwhile, the landlord's request for $15,000 in damages against each tenant was properly denied by the trial court because the landlord presented no evidence to support that specific amount and failed to prove any physical damage to the property itself. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 1, 2024, Case #: 2024-Ohio-338, Categories: Civil Procedure, landlord Tenant, damages
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[Modified.] J. Kelety alters one sentence and denies a rehearing with no change in judgment. The trial court erred in granting a commercial landlord judgment notwithstanding of the verdict on a premises liability claim that a tenant made over undisclosed asbestos contamination. The indemnification clause in the lease did not apply since the jury found the landlord grossly negligent, and a limitation of liability clause cannot shield landlords for a willful violation of statute. The landlord's failure to disclose the asbestos prevented the tenant from knowing about the hazard, and from acting to prevent the financial losses it incurred during remediation. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: January 31, 2024, Case #: D079905, Categories: landlord Tenant, damages, Asbestos
J. Kelety finds that the trial court erred in granting a commercial landlord judgment notwithstanding of the verdict on a premises liability claim that a tenant made over undisclosed asbestos contamination. The indemnification clause in the lease did not apply since the jury found the landlord grossly negligent, and a limitation of liability clause cannot shield landlords for a willful violation of statute. The landlord's failure to disclose the asbestos prevented the tenant from knowing about the hazard, and from acting to prevent the financial losses it incurred during remediation. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: January 25, 2024, Case #: D079905, Categories: landlord Tenant, damages, Asbestos
J. Johnson reverses the district court's grant of summary judgment to the landlord, finding that a liquidated-damages clause in a movie theater operator's lease is not enforceable. Actual damages caused by the operator's breach of its lease, namely unpaid rent, are able to be estimated accurately. The amount of liquidated damages provided for in the clause also does not account for the landlord's duty to mitigate damages and is not a reasonable forecast of actual damages. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 11, 2023, Case #: A23-0194, Categories: landlord Tenant, damages, Contract
J. Partida-Kipness finds that the lower court properly entered default judgment against the property owner and the management company but improperly awarded mental anguish damages to the tenants in this lease dispute. The tenants contend that their apartment had an insect infestation, but their testimony fails to sufficiently support the award for mental anguish damages. Accordingly, the issue of mental anguish damages is remanded for a new trial. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: November 7, 2023, Case #: 05-22-00779-CV, Categories: landlord Tenant, damages, Contract
J. Shea denies the tenant's motion for a new trial, ruling the jury's finding of liability on the landlord's part for emotional distress and slander did not require an award for damages. The jury instructions explicitly separated liability and damages on each count, which allowed for a verdict in favor of the tenant without damages, especially considering the tenant failed to provide concrete evidence of any damage to his reputation.
Court: USDC Connecticut, Judge: Shea, Filed On: September 19, 2023, Case #: 3:19cv756, NOS: Housing/Accommodations - Civil Rights, Categories: landlord Tenant, damages, Emotional Distress
J. Osowik finds the trial court properly denied the landlord's motion for a continuance to obtain the deposition transcript from the tenants for the purposes of calculating damages. He was able to present all of his evidence before the court at the damages hearing, while the court was also already aware of all the evidence contained in the depositions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: September 8, 2023, Case #: 2023-Ohio-3193, Categories: Civil Procedure, landlord Tenant, damages
J. James finds the appeals court properly reversed a trial court determination regarding damages owed by a landlord that failed to comply with certain utility billing requirements in a forceable entry and detainer action. “Damages under that provision are calculated by aggregating the value of the utilities wrongfully billed, doubling that figure (“twice the amount”), and then comparing it against the tenant’s monthly periodic rent.” Thus, it was error to award the tenant damages amounting to 12 months of rent. Affirmed.
Court: Oregon Supreme Court, Judge: James, Filed On: July 20, 2023, Case #: S069726, Categories: landlord Tenant, damages
J. Feldman finds that the lower court improperly declined to award damages to tenants in a dispute with their landlord. The lower court found that the landlord did not comply with provisions in the Residential Landlord Tenant Act, but opted not to award damages because it found the tenants had not suffered actual damages. But the law does allow for statutory damages and attorney fees in the event a violation is found. Reversed in part.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: July 10, 2023, Case #: 83734-6-I, Categories: landlord Tenant, damages
J. Vaidik finds that the trial court improperly ruled in a landlord-tenant dispute because the tenant should be granted credits for her security deposit and for work done to remedy the condition of the house. Thus, the tenant owes a total of $1,998. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: June 23, 2023, Case #: 22A-SC-1473, Categories: landlord Tenant, damages
J. Virden finds the trial court improperly entered summary judgment in favor of certain tenants who claim the apartment management breached lease agreement covenants, creating and maintaining “a [mold] nuisance in the common areas of the apartment complex.” There is no evidence on record that three tenants in this suit paid rent, signed a lease or otherwise could state a claim. As to other, valid tenants, previous holdings by the Arkansas Court of Appeals have established that a circuit court errs when it grants summary judgment on a breach-of-contract claim when proof of causation was lacking. Nominal damages may be recovered “for a breach of contract unaccompanied by any actual damage,” according to prior guiding cases, which is sufficient to preclude summary judgment. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 24, 2023, Case #: CV-20-628, Categories: landlord Tenant, damages, Contract