Retained Jurisdiction in Damage Actions Based on Anticipatory Breach: A Missing Link in Landlord-Tenant Law

66 Pages Posted: 2 Dec 2005  

Roberta Rosenthal Kwall

DePaul University - College of Law

Abstract

Courts have updated many areas of landlord-tenant law by recognizing the applicability of contract principles to leases of realty. However, a lessor's difficulty in collecting damages caused by a lessee's unwarranted default has been generally ignored. This Article proposes that courts retain jurisdiction so as to more accurately and equitably assess damages in cases involving long-term leases.

This Article explores the settled application of the doctrine of retained jurisdiciton to domestic relations and probate matters, specific performance of long term contracts, and workers' compensation. It concludes that a lessor's collection of damages in landlord-tenant matters is an equally appropriate and fertile field for the application of retained jurisdiction.

Suggested Citation

Kwall, Roberta Rosenthal, Retained Jurisdiction in Damage Actions Based on Anticipatory Breach: A Missing Link in Landlord-Tenant Law. Case Western Resere Law Review, Vol. 37, No. 273, pp. 273-338, 1986. Available at SSRN: https://ssrn.com/abstract=860564

Roberta Rosenthal Kwall (Contact Author)

DePaul University - College of Law ( email )

Center for Intellectual Property Law & Information
25 East Jackson Blvd.
Chicago, IL 60604-2287
United States
312-362-8131 (Phone)
312-362-5448 (Fax)

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