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Remedies • Tort - Legal Restitutionary Remedies
REM#017
Legal Definition
Generally, ejectment is coupled with damages (compensatory or restitutionary) for the loss of use or benefit to the defendant during the time of detention.
Plain English Explanation
When someone is seeking ejectment, it is usually combined with either compensatory damages or restitutionary damages related to the value lost while they were unable to use the property in question.
Hypothetical
Hypo 1: Bob rents Sam's house for a week, but decides to stay beyond the agreed upon lease of 1 week. Sam sues to eject Bob and for the money Sam had to spend to rent a hotel. Result: Here, the court will award compensatory damages to compensate Sam for the amount of money he spent on a hotel while trying to get his house back.
Hypo 2: Bob rents Sam's house for a week and then puts it up on AirBNB, renting it to a family for 2 weeks. Bob makes $1,000. Sam sues to eject Bob and for restitutionary damages. Result: Bob has been unjustly enriched by $1,000 using Sam's house beyond the terms of the lease. The court will force Bob to hand over the $1,000 to Sam in addition to leaving the house.
Hypo 2: Bob rents Sam's house for a week and then puts it up on AirBNB, renting it to a family for 2 weeks. Bob makes $1,000. Sam sues to eject Bob and for restitutionary damages. Result: Bob has been unjustly enriched by $1,000 using Sam's house beyond the terms of the lease. The court will force Bob to hand over the $1,000 to Sam in addition to leaving the house.
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