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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)

Citation
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Parent Document
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction
California (state)
Effective Date
1980-02-05

Other Sections in This Document (161)

Full Text

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The damages recoverable for wrongful eviction, actual or constructive, include whatever amounts are necessary to compensate the tenant for the detriment proximately caused by the eviction or likely to result therefrom (id., at § 132, p. 155). The measure of damages, as a general rule, is the value of the term, less the rent reserved (ibid.). In addition to the general damages representing the value of the tenant’s unexpired term, recovery may be had for expenses of removal. Moreover, if the tenant wrongfully evicted elects to sue in tort, damages may be awarded for mental anguish and pain or physical injury; exemplary damages may also be recovered when the landlord’s conduct justifies the award (id., at pp. 156-157). Cause of Action for Unlawful Business Practice