N.C.P.I.—Civil 845.20

NOTE WELL: The issue of mitigation of damages may

arise in a summary ejectment case. If so, give N.C.P.I.

- Civil 503.90 - Defense (Offset) For Failure to

Mitigate.

This (state number) issue reads:

“What amount of damages, if any, is the landlord entitled to

recover?”

You will answer this issue only if you have answered the (state

number(s) issue(s)) in favor of the landlord.

On this issue the burden of proof is on the landlord. This means

that the landlord must prove, by the greater weight of the evidence the

amount of damages sustained as a result of [unpaid rent] [occupancy

after the end of the term] [physical damage to the premises].

[Damages for unpaid rent may include the amount of rent which the

tenant agreed to pay the landlord but did not.2]

[Damages for occupancy after the end of the term may include the

fair rental value of the premises from the time the term ended until the

tenant vacates the premises. Fair rental value is an amount which would

be agreed upon as a fair rent by a landlord who wishes to rent, but is not

compelled to do so, and a tenant who wishes to rent, but is not

compelled to do so. (The contract rate of rent agreed upon by the

landlord and tenant may be taken as some evidence of the fair rental

value.)]

[Damages for physical injury to the premises may be recovered if

the premises are not in substantially the same condition as originally

delivered to the tenant, normal wear and tear excepted, because of the

tenant’s negligent or intentional conduct or the negligent or intentional

conduct of the tenant’s family or guest(s). (A tenant is not responsible

for an act of God.) The landlord is entitled to recover the difference

between the fair market value of the property immediately before it was

damaged and its fair market value immediately after it was damaged.3

The fair market value of any property is the amount which would be

agreed upon as a fair price by an owner who wishes to sell, but is not

compelled to do so, and a buyer who wishes to buy, but is not compelled

to do so.

(If evidence is introduced regarding the actual or estimated cost of

repair, the following paragraph should be used: Evidence of [estimates of

the cost to repair] [the actual cost of repairing] the damage to the

plaintiff's property may be considered by you in determining the

difference in fair market value4 immediately before and immediately after

the damage occurred.5)

Finally, as to this (state number) issue on which the landlord has

the burden of proof, if you find, by the greater weight of the evidence,

that the landlord was damaged, then it would be your duty to write that

amount in the blank space provided.

If, on the other hand, you fail to so find, then it would be your duty

to write a nominal amount such as “One Dollar” in the blank space

provided.