Waste (law) - Remedies For Waste

Remedies For Waste

Where a court finds that a tenant is engaging in waste, there are a number of possible remedies which can be taken:

1. The court may award sufficient money damages to compensate the injured party for the loss resulting from the waste.
2. The court may directly require the party responsible for the waste to restore the property to its original condition.
3. The court may accelerate the passage of title in the land, divesting a tenant or life estate holder of the property and vesting it in the landlord or remainderman.

Kentucky has a particularly harsh remedy for voluntary waste. A person found to have committed voluntary waste without the written permission of the holder of the future interest is forced to pay treble damages to the holder of the future interest, and the person's present interest (whether a life estate or a lease) is automatically terminated.

Missouri has two statutes that prescribe a harsh remedies for waste. There, a person found to have committed voluntary waste without the written permission of the holder of the future interest is forced to pay treble damages. In some cases, the plaintiff has been able to recover triple damages twice--once for voluntary waste and again for wantonly committed waste.

If the plaintiff can show that the defendant is currently engaged in voluntary or permissive waste of the land, the court may enjoin (or stop) the activity; however, courts are reluctant to enjoin ameliorative waste unless the property being destroyed has some unique historic value.