Facts

Defendant Regina Perry rented a single-family home from plaintiff Rossmoyne Property Management (Rossmoyne) from January 2006 through April 2007. Perry vacated the property prior to the expiration of her lease. Rossmoyne sued Perry for breach of her lease. Perry counter-claimed against Rossmoyne and a related party.

PLAINTIFF'S CONTENTIONS:
Rossmoyne claimed that it repaired all complaints in a timely manner and that the property was not infested with bird mites.

DEFENDANT'S CONTENTIONS:
Perry claimed that Rossmoyne failed to properly maintain the property, which was uninhabitable. Thus, Rossmoyne breached its warranty of habitability, was negligent, and constructively evicted defendant.

Specials in Evidence

Perry claimed medical fees for two visits to a dermatologist as a result of the living conditions, estimated at $240. Rossmoyne sought damages for unpaid rent, its source of income.

Damages

Rossmoyne alleged that it couldn't rent the unit until July 2007 because of damages to the property. It sought $7,956 for the damage, unpaid and lost rent, cleaning costs and attorney fees. Perry claimed economic losses of about $5,200 for moving, cleaning, and other related expenses as a result of the uninhabitable home. She demanded return of her security deposit.

Injuries

The property at issue was damaged with a leaky roof and the presence of bird mites.

Result

The jury returned a verdict for Perry on the initial complaint and on her cross-complaint. Post-trial, Perry was awarded fees and costs of $223,056. The parties reached a settlement, including fees and costs, post-judgment of $270,000.

Poll

11-1

Length

five days