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Landlord Tenant Law And Punitive Damages
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Punitive damages can be described as those awarded to the plaintiff when the court finds the allegations made by the defendant as intentional or willful or malicious. These damages are awarded with the intention of punishing the defendant and discouraging him/her from repeating the mistake a second time.
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Punitive damages are also awarded in situations where compensatory damages are deemed to be an inadequate remedy for the damage caused to the plaintiff by the defendant. Punitive damages are awarded only in exceptional cases and are under the jurisdiction of state law. As a result, determination of punitive damages differs from state to state.
In the similar way, landlord-tenant law is highly regulated by statutes that differ from state to state. According to the law, landlords and homeowners should have a rental agreement with the tenant before giving a property out on a lease. However, any violation of rules listed under the rental agreement does not entitle the tenant to claim for punitive damages. It is highly unlikely to get punitive damages under the Landlord-tenant law unless the landlord causes a severe damage to the tenant’s health and safety due to his recklessness or with an intention of malice. However, tenants should be able to provide unequivocal and convincing evidence showing that the conduct of the landlord is suspicious. In any other situations, the tenant can only ask the court for certain compensation that includes returning the security deposit, interest, attorney fees and other costs.
In case of a genuine reason, it is important to consult an experienced attorney and file a law suit.
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