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Re: being restored to possession and seeking damages

Posted by consigliere on January 07, 2002 at 19:22:31:

In Reply to: Re: being restored to possession and seeking damages posted by Roger on January 07, 2002 at 18:20:50:

The rent would probably be your last rent + any rent control increases + 1/40 of the cost of improvements in the apartment. But you could use that as a bargaining point in your claim for damages, and insist on the rent being frozen at your last rent.

You have nothing to lose by suing for both compensatory and punitive damages. The move to a less expensive place like North Carolina would reduce your compensatory damages, unless your income dropped because of the move. But a move to a distant state might lead the court to conclude that you were planning the move anyway.

If there was initially a lease for the apartment, do you have a copy of the lease? Does it have a provision that you pay the landlord's attorneys' fees? If so, the landlord might have to pay your attorneys' fees.

A new retainer agreement would certainly be appropriate if you were switching from an hourly fee arrangement to a contingency fee arrangement.
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