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Syed Umar Husainy v. Granite Management, LLC, and Jaffa Varsity 1, LLC

Citation: Not availableDocket: 18A-PL-2752

Court: Indiana Court of Appeals; September 17, 2019; Indiana; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a dispute between a tenant, Husainy, and his landlord, Granite Management, LLC, and property owner, Jaffa Varsity 1, LLC, over claims of eviction due to nonpayment of rent and breaches of contract. Husainy countered with claims of breach of the covenant of quiet enjoyment and violations of Indiana habitability statutes. A jury found in favor of Husainy, awarding him damages and attorney’s fees. The trial court, however, partially vacated the jury's verdict on the breach of covenant claim and significantly reduced the attorney’s fees awarded. Both parties appealed: Husainy challenged the vacating of the breach of covenant verdict and the fee reduction, while the Appellees contested the upholding of the statutory claim. The appellate court affirmed the statutory claim verdict, reversed the vacating of the breach of covenant decision, and deemed the attorney’s fees award inadequate, remanding for reconsideration. The court also dismissed Husainy’s judicial bias claim as waived. The case was remanded for further proceedings to reassess attorney's fees and reinstate the jury's verdict on the breach of covenant claim, emphasizing a thorough examination of statutory obligations and procedural errors.

Legal Issues Addressed

Attorney's Fees Under Indiana Code Section 32-31-8-6

Application: The trial court's awarding of $2,000 in attorney’s fees was deemed inadequate, as Husainy had sought $59,020.67, leading to a remand for reassessment.

Reasoning: The court reverses the decision and remands it for the trial court to reassess Husainy’s fee request, considering the factors outlined in Indiana Professional Conduct Rule 1.5(a).

Breach of Covenant of Quiet Enjoyment

Application: Husainy successfully claimed a breach of the covenant of quiet enjoyment due to poor maintenance, but the trial court initially vacated this verdict.

Reasoning: The trial court partially granted their motion to correct error by vacating the breach of covenant verdict but upholding the statutory claim.

Eviction and Breach of Contract Claims

Application: Granite Management, LLC sought to evict Husainy for nonpayment of rent and breach of contract, which the jury ultimately ruled against.

Reasoning: A jury ruled against Granite on its breach of contract claim and in favor of Husainy on both his breach of covenant and statutory claims, allowing him to seek attorney’s fees.

Judicial Bias Claims

Application: Husainy's claim of judicial bias was waived because it was not raised during the trial.

Reasoning: Husainy’s bias claim was determined to be waived.

Landlord Habitability Statutes

Application: Husainy claimed violations of Indiana Code Section 32-31-8-5, alleging the landlord's failure to maintain the premises in a habitable condition, which the jury supported.

Reasoning: He documented these issues through emails to Granite representatives...The jury awarded Husainy damages equivalent to six months' rent, including parking fees, which was deemed supported by the evidence of service interruptions.