KEITH HAMAKER, Appellant v. TIERRAH NEWMAN, Appellee, 2022 Tex. App. LEXIS 1678

Summary

HOLDINGS: [1]-In a landlord-tenant dispute, the landlord appealed the judgment entered against him after a jury found that he breached his lease agreement with tenant, withheld her security deposit in bad faith, failed to timely repair the property, and constructively evicted tenant, a remittur was suggested because the full amount of damages awarded to the tenant for the landlord's constructive eviction was not supported by factually sufficient evidence; judgment was modified to delete the breach-of-contract damages award because it represented a double recovery. While it was correct that the award of the statutory penalties as constructive-eviction damages would be erroneous, the landlord's argument of double recovery, as to award of security and pet deposits as actual damages for the bad-faith retention claim, was wrong.