Part D is "Remedies: What I want the court to do"
This section is your chance to tell the court what you want to happen and/or ask the court to award you money damages.
1. "The Court should allow me to stay in the unit."
Check this box if you want to remain in the unit.
Do not check this box if you wish to relocate. On the day of the hearing, explain to the judge that you are willing to move out but you want to resolve the damages stated in your landlord's Complaint.
2. "The Court should award me court costs and/or reasonable attorney fees."
Check this box if you had to pay court costs, including filing fees, and/or you had to hire a private attorney to represent you.
3. "The Court should order the landlord to make repairs."
Check this box if you want your landlord to make repairs to the unit. Even if you plan to move out, you may still request that your landlord make repairs. This will improve the quality of the unit for future tenants.
4. "The Court should award me (Damages)"
Generally, "damages" refers to money, which the court may award as repayment for problems your landlord caused during your tenancy. CHOOSE CAREFULLY FROM THE FOLLOWING:
- Statutory Damages: Check this box if your landlord illegally locked you out of your unit, or cut off your utilities without first obtaining a court order to do so.
Utility Cut Off: You are entitled to three times your monthly rent, or $1000, whichever is greater, for each occurrence. Calculate this amount and enter it on the form.
Illegal Lockout: You are entitled to two times your monthly rent, or free occupancy for two months, PLUS the cost of the lawsuit, including reasonable attorney's fees. Calculate this amount and enter it on the form.
- Actual Damages: Actual damages differ from statutory damages in that the amount of money you are requesting is not predetermined by law. Instead, you have the job of trying to determine how much damage you have suffered. You should be able to explain and defend the dollar amount you are requesting in Court.
Examples of Actual Damages include:
- Repair costs
- Cost of finding a new place to live
- Amount you have overpaid to occupy the unit. "Overpayments" can occur if the unit is listed above the fair market price, or if it is unfit/unsafe
How to calculate repair costs:
- Gather repair receipts.
Calculate the total amount of repair costs by adding up any/all repair receipts. Provide the court with any itemized list of repairs and theri corresponding receipts.
- Estimate the value of repairs for which you do not have receipts
If you made repairs yourself, calculate the cost of repairs by multiplying the number of labor hours, and the hourly wage a private contractor would have charged.
Have I overpaid for my unit?
Ask neighbors, friends, or family members who live in comparable units, how much they pay in rent each month. You may also consult with a rental agency or research online. If you find that your rent is significantly higher than that of comparable units, you may be paying too much.
Calculate the amount of actual (rental) damages as follows:
(Agreed Rental Amount) - (Fair Market Price) x (Number of monthly payments) = Rental Damages
5. "The Court should order other relief as it believes just."
This is a catchall request. Check this box if you want the judge to consider awarding additional damages that you did not think to request or are not listed on this form.
6/7. "Other"
Check these boxes if you want to request specific action/relief, or if you want the judge to award punitive damages. "Punitive damages" are meant to punish and/or deter your landlord from committing similar violations in the future. They are seldom awarded, unless you can prove your landlord acted with malice, criminal indifference to civil obligation, or conscious indifference to the consequences of his/her actions.