Pan v. IOC Realty Specialist Inc.

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The Supreme Court affirmed the judgment of the district court ruling that IOC Realty Specialist Inc. and its sole shareholder, Bernard Tompkins, violated the Disposition of Personal Property Landlord and Tenant Act by knowingly retaining personal property belonging to Samuel Pan, a former tenant, and awarding Pan damages and attorney fees.In his complaint, Pan alleged that IOC, his former landlord, refused to return his personal property that remained on the leased premises after Pan had ended his tenancy. The trial court entered judgment against IOC and Tompkins for the wrongful retention of property pursuant to the Act. The Supreme Court affirmed, holding (1) the Act applies in commercial lease cases; (2) the district court did not clearly err when it held that IOC violated the Act by refusing to return Pan’s property upon his request; and (3) there was sufficient evidence to support the court’s award of damages and attorney fees under the Act. View "Pan v. IOC Realty Specialist Inc." on Justia Law