Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)

Citation: Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Parent Document: Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Jurisdiction: Kentucky (state)
Effective Date: 2017-07-21
Original Source: https://www.courtlistener.com/opinion/5448835/joiner-v-tran-p-properties-llc/ ↗

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The defendants argued that the Shelter Plus lease was unenforceable because there was no meeting of the minds related to the rental amount and the existence of a unilateral mistake of fact regarding that amount, and that the Bailey Property lease was also unenforceable due to a mutual mistake of fact as' to the rent amount. They went on to argue that the Joiners failed to produce any evidence of injury or damages due to mold; that it had not violated the URLTA or committed any negligence by failing to maintain the premises, noting that the remedy for breach of a landlord’s duty was the cost of the repair, which Bailey Property paid for; that the Joiners did not specify any grounds giving rise to their IIED and outrage claims; did not commit fraud or misrepresentation because the leases reflected the amount' of $1,000.00 as rent; and that they did not violate the KCPA in relation to either the mold or the rent amount. In a supplement, Bailey Property argued that the KCPA did not provide the Joiners with a cause of action because that Act does not apply to single real estate transactions.

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