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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 204

Citation
Section 204
Parent Document
Duvall v. Stokes, 270 S.W.2d 419 (1954)
Jurisdiction
Missouri (state)
Effective Date
1954-07-17

Full Text

1,244 chars
Section 204(b) [50 U.S.C.A.Appendix, § 1895(b)], provides that “Any person who unlawfully evicts a tenant shall be liable to the person so evicted * * * for reasonable attorney’s fees and costs as determined by the court, plus liquidated damages in the amounts of (1) one month’s rent or $50, whichever is greater, or (2) not more than three times such monthly rent, or $150, whichever is greater: Provided, That the amount of such liquidated damages shall be the amount of one month’s rent or $50, whichever is greater, if the defendant proves that the violation was neither willful nor the result of failure to take practicable precautions against the occurrence of the violation.” And, the pertinent portion of Section 205(a) (2) [50 U.S.C.A.Appendix, § 1896(a) (2)] clearly defines an “unlawful eviction”: “ * * * any person who lawfully gains possession from a tenant of any controlled housing accommodations, and thereafter fails fully to comply with such requirements or conditions as may have been imposed for such possession by the provisions of this Act or any regulation, order, or requirement thereunder, shall also be deemed to have unlawfully evicted such tenant and shall be' liable to such tenant * * * as provided in this Act.”