My tenant claimed an intruder broke into the house on the evening before she moved out, causing damage to my property. In the police report, she indicated no damage was caused, contrary to what she told me. When asked whether the intruder was black or white, she said she couldn't tell even though lights were on. She said the intruder was female about 2 inches taller than her. As you can see, it was a tall tale to avoid taking responsibility for damage she caused. She claimed emotional anguish on her and her two kids, refused to pay all damages and utilities she owes (I paid for it on her behalf and collect it from her every month).
I'm wondering if I can include punitive damages, in addition to recovering repair costs and utilities she owes. Thank you in advance for your advice.
What you describe does not sound like something that would arise to the level of something that would qualify for an award of punitive damages. You can still sue for the damages caused and any unpaid rent or utilities that might not be covered by the deposit, but I punitive damage seems like a big stretch.
First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.
I don't think you can include punitive damages in an unlawful detainer. I think you can get something like $600.00 if you can prove the other party acted in bad faith.
You can ask for them if you bring another cause of action such as slander.
nothing in the answer above constitutes legal advice. nothing in the answer above creates an attorney-client relationship between myself or my firm and any persons on AVVO.
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