Supreme Court Affirms Denials of Retaliatory Eviction Defense and Unjust Enrichment
Saipan, CNMI – In Chong v. Durkin, the Supreme Court affirmed the Superior Court’s order in an eviction proceeding. The tenant, Daniel Durkin, alleged that his landlord, Chong International Corporation, had sought to evict him because he reported a violation of a zoning ordinance. He also alleged that the landlord was unjustly enriched by retaining renovations he made to the apartment. The Superior Court found that the Chong International Corporation intended to facilitate a renovation of the apartment, not to retaliate against Durkin. It found there was not unjust enrichment as the rental agreement did not give Durkin permission to make the renovations that he had made
The Supreme Court affirmed the denial of retaliatory eviction. Durkin was required to prove that the motivation for the eviction was improper. He did not present evidence meeting this burden and instead asked for reevaluation of the credibility of witness testimony. This was not permitted on appeal as the Superior Court is in the best position to judge the credibility of witnesses. The Supreme Court also upheld the denial of the unjust enrichment claim. To prevail on unjust enrichment claim, good conscience must demand that the plaintiff recover. As contracts define the obligations of parties, this element can only be met in rare instances where the contract fails to effectively set those obligations. The rental agreement stated improvements to the apartment would be retained by the landlord and so there could not be unjust enrichment in their retention by the landlord.
The full opinion can be read on the Law Revision Commission website: https://cnmilaw.gov/docs/lrc-uploads/2026/case-2026-mp-10-u62.pdf
This press release constitutes no part of the decision of the Supreme Court and has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov.
2026-PR-032
FOR IMMEDIATE RELEASE
October 1, 2026
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