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Appellate court modified the trial court's judgment in favor of the appellee (Scott), reducing damages from $2,018.57 to $821.21 due to erroneous award of unpaid rent that was actually paid via cancelled checks.
The trial court erred in awarding the appellee $1,200 for one month of unpaid rent. The appellants' payment obligation to the appellee under a land contract terminated on June 30, 2018, when the parties signed a written land contract cancellation and release of their land contract. Thereafter, the appellants remained in the appellee's residence for two full months as month-to-month tenants. The record contains two $1,200 cancelled checks from the appellants corresponding to those two months. Therefore, the record does not support the trial court's determination that the appellants owed the appellee another $1,200. The record also contains a minor arithmetic error in the amount of the trial court's judgment, which we correct. Judgment against the appellants and in favor of the appellee modified from $2,018.57 plus interest and costs to $821.21 plus interest and costs. As so modified, the trial court's judgment is affirmed.
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