Bad Tenants Make You Big Money

By Author: Miachel Tang
Total Articles: 35
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Ever thought bad tenants were (ofcourse they are) , well the key to earning instead of losing from bad tenants is simple to sell all there stuff. It might sound a little mean at first but if done right you can gain everything they own literally. Liquidated damages - damages are said to be liquidated (also referred to as liquidated and ascertained damages) when the amount of damages recoverable in the event of a specified breach (eg late performance) is agreed at the date of the contract. In such circumstances a liquidated damages provision will be included in the contract. When damages are not predetermined/assessed in advance then the amount recoverable is said to be ‘at large' (to be agreed or determined by a court or tribunal in the event of breach).

At common law, a liquidated damages clause will not be enforced if its purpose is to punish the wrongdoer/party in breach rather than to compensate the injured party (in which case it is referred to as a penal or penalty clause). One reason for this, it could be said, is that the enforcement of the term would, in effect, require an equitable order of specific performance. ...
... However, courts sitting in equity will seek to achieve a fair result and will not enforce a term that will lead to the unjust enrichment of the enforcing party.

In order for a liquidated damages clause to be upheld, two conditions must be met. First, the amount of the damages identified must roughly approximate the damages likely to fall upon the party seeking the benefit of the term. Second, the damages must be sufficiently uncertain at the time the contract is made that such a clause will likely save both parties the future difficulty of estimating damages. Damages that are sufficiently uncertain may be referred to as unliquidated damages, and may be so categorized because they are not mathematically calculable or are subject to a contingency which makes the amount of damages uncertain.

For example, suppose Joey agrees to lease a storefront to Monica, from which Monica intends to sell jewelry. If Joey breaches the contract by refusing to lease the storefront at the appointed time, it will be difficult to determine what profits Monica will have lost, because the success of newly created small businesses is highly uncertain. This, therefore, would be an appropriate circumstance for Monica to insist upon a liquidated damages clause in case Joey does indeed fail to perform. So next time a Tenant is causing you trouble, damaging your property and refusing to pay there rent get a court eviction order so you can lock there doors and take away everything they own, this is truly capitalism at its best.