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  1. #1
    Join Date
    Jan 2005
    Location
    Lebanon, MO
    Posts
    2

    Default Clarification of lease terms

    Thanks for your help. Could you explain: "tenant is entitled to the difference between the rent and the actual value of the tenant's unexpired lease term"? Also, in an illegal eviction/forcible entry small claims case, how are punitive damages assessed? Is it reasonable to try for emotional distress due to constant and excessive harrassment or does one ask for triple amount of actual monetary damages? Again, thank you for any suggestions you can give me. Ellie Rae

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Re: clarification of some terms

    Quote Quoting Ellie Gotfredson
    Thanks for your help. Could you explain: "tenant is entitled to the difference between the rent and the actual value of the tenant's unexpired lease term"?
    Could you provide the context?

    Quote Quoting Ellie Gotfredson
    Also, in an illegal eviction/forcible entry small claims case, how are punitive damages assessed?
    You would have to establish that the defendant knew that there was a high probability that his act would cause injury, and that the defendant consciously disregarded that risk - that the defendant acted with complete indifference to or conscious disregard of the safety of others when, under the circumstances, a reasonable person would have realised that the conduct created a high risk of serious harm to another and also created a high risk that harm would result. The burden of proof is by "clear and convincing" evidence. If you believe you can meet that standard, you should check to see if you can claim punitive damages in small claims court, before deciding where to file your claim.

    Quote Quoting Ellie Gotfredson
    Is it reasonable to try for emotional distress due to constant and excessive harrassment or does one ask for triple amount of actual monetary damages?
    To establish the intentional infliction of emotional distress under Missouri law you would need to establish the following elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. To establish negligent infliction of emotional distress you would need to establish: (1) that the defendant should have known that his conduct involved an unreasonable risk of causing emotional distress, and (2) that the emotional distress is "medically diagnosable" and is severe enough to be "medically significant."

  3. #3
    Join Date
    Jan 2005
    Location
    Lebanon, MO
    Posts
    2

    Default Thanks and clarification

    Good afternoon, thank you for responding to my questions. I guess I was rather vague. First, I was referring to a Mass. Supreme Court ruling that when there is a "breach of the quiet enjoyment of a leased premises the tenant is entitled to the difference between rent and the actual value of the tenant's unexpired lease term". Our landlord hired us to fix a trailer next door to us in return for Oct. rent. We paid Sept rent and completed the work on Sept. 9th, he said it was great and verbally gave us relief from Oct rent in exchange. Then, the same evening when I arrived home from work there was an "evict by midnight" notice on our door which I took to the sheriff's office and he said it was bogus and explained eviction procedures. I called landlord to ask what on earth was going on and he just yelled "I want you out now!" and slammed down the phone. During Sept., we had two visits from the sheriff on bogus calls and he went to my son's jobsite and made a big scene. Then, I called him Sept. 28 to ask if we could get a receipt showing we had done work for Oct. rent and said we were willing to move peacefully (we had a lease so didn't have to) but it would be the end of Oct. He said that he wasn't giving me a receipt and don't bother trying to pay rent either because he was going to evict us on nonpayment of rent. We found a place on Oct. 15 and I called to tell him we would be out on the 31st. The next day he had our water meter yanked right out of the ground (water was included in the rent) and we had to pay $95 to have water for the rest of the month. We were out on the 25th and my son was served with an eviction notice on his jobsite on the 26th so we had to appear in court on an eviction notice on Nov. 11 even though our landlord knew we'd been out for two weeks. So, is this enough to ask for emotional distress and/or punitive damages? Thank you again for your time and any advice you could give me. Ellie Rae

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Landlord Woes

    In reference to the case you mention, it appears that the landlord did something (e.g., turned off the water) which reduced the value of the rental unit to the tenant without completely eliminating that value. The court was expressing that, for example, if the jury found that not having water reduced the value of the unit by 20%, the proper amount of damages to award would be 20% of the rent from the time the water was shut off to the earlier of (a) the time the water service was restored, or (b) the expiration of the lease term.

    I can't speculate as to the merits of your case, or what might happen. If you wish to seek emotional damages, punitive damages, etc., in your situation, you would be best served by seeking a consultation with a local lawyer.

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