We'll help you find the right solution for your needs
Does this sound like your topic?
Can a residential landlord-tenant relationship give rise to a fiduciary relationship in certain cases? For example, a tenant provides a landlord with a relatively large amount of rent credit, say 6 months worth of rent to be credited back at a fixed $650 per month in a month-to-month agreement until fully credited. In such a case the landlord has full control of the tenant’s prepaid expenses and it would appear that a relationship of trust is established and the landlord is a fiduciary. If the landlord then commits some sort of fraud or deceit, claiming that the amount is other than that prepaid by the tenant, or tries to raise the rent in order to sap the tenant’s prepaid credit, in theory, apart from any claim for breach of contract, could the tenant use the benefit-of-the-bargain rule instead of the out-of-pocket rule for damages?In response to the 2 first answers below, see also the article at http://schorr-law.com/aba-article.pdf titled "Fraudulent Common Area Overcharges in Commercial Leases" which mentions that some states including Arizona and Colorado do find a limited fiduciary relationship with regard to certain accounting rights, and closely tied to the implied covenant of good faith and fair dealing, an application which has been rejected in California [McClain v. Octagon Plaza, LLC, 71 Cal. Rptr. 3d 885, 897 - Cal: Court of Appeals, 2nd Appellate Dist., 4th].