Eviction: Actual, Constructive, Wrongful?

In Virtuolotry LLC v. Westwood Motorcars LLC, among other holdings, the Fifth Court reversed a judgment that awarded actual and exemplary damages to a tenant who claimed to have been constructively evicted by the landlord’s owner. The damages were assessed against the owner, individually. The Court noted that the tenant was actually evicted as a result of an FED case, and thus held that “[i]f an actual eviction occurs, there can be no constructive eviction.” In this regard, the Court also noted the distinction between constructive eviction and wrongful eviction claims. No. 05-19-01055-CV (Sept. 17, 2024) (mem. op.). LPHS represented Virtuolotry in the case.