8 results for 'cat:"Landlord Tenant" AND cat:"Damages" AND cat:"Contract"'.
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. 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
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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