Wednesday, October 14, 2009

KERRIE FROST v. JAMES SHEHANE, ET AL. (Tenn. Crt. App. July 7, 2009)

Tenant filed suit against former landlords, alleging violations of the Uniform Residential Landlord and Tenant Act ("URLTA") and the Tennessee Consumer Protection Act ("TCPA"). Landlords filed a counter-claim, alleging that tenant breached the lease. The trial court awarded damages to landlords for breach of lease and awarded punitive damages under the URLTA to tenant. Finding that the trial court erred in the amount of damages awarded to landlords, the award is modified. Finding that tenant elected to pursue treble damages under the TCPA, the award of punitive damages under the URLTA is vacated and the matter remanded for the trial court's consideration of whether an award of treble damages is warranted.

Opinion may be found at the TBA website: