329 results for 'cat:"Landlord Tenant"'.
J. Holcomb dismisses without leave to amend the tenant's lawsuit alleging claims for negligence, malicious prosecution and violations of the Tenant Anti-Harassment Ordinance against her landlord. The tenant, proceeding pro se, has substantially reduced the length of her amended complaint from the initial complaint's 221 pages, but has still failed to provide concise statements that plausibly allege any violations of the tenant's rights by the landlord.
Court: USDC Central District of California, Judge: Holcomb, Filed On: September 19, 2024, Case #: 2:22cv9426, NOS: Other Civil Rights - Civil Rights, Categories: landlord Tenant, Housing
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J. Ede finds the district court properly ruled that a landlord provided sufficient notice to a tenant during an eviction. The tenants paid monthly rent in the form of mortgage payments to the landlord’s mortgagee and were given a one-month eviction notice. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Ede, Filed On: September 16, 2024, Case #: A23-1951, Categories: landlord Tenant, Housing
J. Cook finds the lower court properly granted default judgment against the new building owners for not complying with discovery orders in a dispute with the tenant pharmaceutical company that alleged a breach of its option to purchase the property. The owners never attended depositions and always rescheduled at the last minute. Affirmed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: September 13, 2024, Case #: SC-2024-0115, Categories: landlord Tenant, Sanctions, Discovery
J. Matsumoto tosses a lawsuit against Suffolk County, several local police officers and a landlord alleging constitutional rights violations stemming from a commercial tenant’s eviction. The complaint fails to allege a county practice or policy that caused the alleged rights violations, their claims against the officers are dismissed for failure to state a claim and the claims against the landlord and his legal counsel are dismissed because they are not considered state actors under the federal claims asserted. The court subsequently declines to consider its remaining state law claims and dismisses the complaint.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 13, 2024, Case #: 2:24cv3323, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, landlord Tenant, Property
Per curiam, the appeals court dismisses an individual’s appeal for lack of jurisdiction. The individual had sued many individuals and corporate entities for an alleged assault that occurred in the parking lot of the property company’s restaurant. Because the judge’s order granting partial summary judgment and dismissing the property company from the case was not a final judgment on the case, it is not subject to appeal at this stage in litigation. Dismissed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 12, 2024, Case #: 01-24-00306-CV, Categories: Civil Procedure, landlord Tenant, Assault
J. Rushing finds that the lower court improperly found that the tenant had standing to sue a consumer reporting agency that inaccurately stated on a tenant screening report that he was on the U.S. Treasury Department’s Office of Foreign Assets Control list of nationals who threaten America’s national security. The tenant's prospective landlord either didn't know what the list was or his inclusion on the list didn't matter, because the landlord still rented the tenant an apartment. The tenant, therefore, didn't suffer any injury from the inaccurate report. Vacated.
Court: 4th Circuit, Judge: Rushing, Filed On: September 11, 2024, Case #: 22-1619, Categories: landlord Tenant, Property, Consumer Law
J. McCook allows the former tenant to proceed in forma pauperis but recommends that his lawsuit against his former landlords and other entities be dismissed. The former tenant fails to establish the court's personal jurisdiction over the individual defendants, as most of the alleged actions occurred in North Carolina. Also, he fails to adequately state a claim under the Privacy Act.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: September 10, 2024, Case #: 3:24cv198, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, landlord Tenant, Privacy
J. Birss finds that the lower court properly dismissed a landlord's challenge to penalties imposed for violating the Housing Act. The landlord argues that the housing council previously thanked him for providing a flat for a homeless man and other civilians with nowhere to live and then wrongfully imposed civil penalties. However, the metropolitan district council sufficiently showed in court that his flat conversions do not align with building regulations. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Birss, Filed On: September 10, 2024, Case #: CA-2023-2486, Categories: landlord Tenant, Municipal Law, Housing
J. Boyle grants partial summary judgment in an insurance dispute. After a rent-collection platform lost $10 million in a phishing scheme, its insurer covered lost transaction fees but not client reimbursements, a stance supported by the courts. The U.S. Secret Service then seized stolen funds from the hackers and remitted nearly $3 million to the platform. The insurer sued the platform for breach of contract, claiming wrongful refusal to reimburse after recovery; the platform countersued for a declaratory judgment that the recovery provision of the insurance agreement only applies to covered losses and claimed the insurer misrepresented the provision in violation of the Texas Insurance Code. Summary judgment is granted for the platform on the declaratory judgment; the most logical interpretation of the provision is that it only applies to recovery of covered losses, so the platform must reimburse the insurance company for recovered transaction fees but not client reimbursements. Summary judgment is not granted on the breach of contract claim, as whether the recovered funds included transaction fees is an issue of material fact. Summary judgment is granted for the insurance company on the platform’s Texas Insurance Code claim due to a lack of alleged damages beyond attorney fees.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: September 5, 2024, Case #: 3:23cv562, NOS: Insurance - Contract, Categories: Insurance, landlord Tenant, Contract
J. Powers finds the trial court erred by entering a default judgment awarding possession of a rented premise to a landlord based on nonpayment of rent by a tenant. The tenant paid the full amount of past-due rent owed under the termination notice she received from the landlord and the notice did not require her to pay the late fees to avoid eviction. Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: September 5, 2024, Case #: A181592, Categories: landlord Tenant
J. DeMarchi grants partial summary judgment to both sides in a lease dispute where a property developer says a tenant owes unpaid rent and broke the terms of their lease by terminating it prematurely. The property developer prevails on the tenant's claim that the developer used fraud to entice them into signing the lease, while the tenant has shown they did not violate the lease when they cancelled it.
Court: USDC Northern District of California, Judge: DeMarchi, Filed On: September 3, 2024, Case #: 5:23cv2346, NOS: Other Contract - Contract, Categories: landlord Tenant
J. Mayle finds this court lacks jurisdiction over the landlord's appeal of the lower court's decision to grant the tenants' motions for relief from default judgment because he failed to file his appeal within 30 days. Meanwhile, the trial court properly granted the motion to dismiss filed by the tenant's boyfriend. While he most likely lived in the residence at some point during the lease, he did not sign a lease agreement and there was no definitive evidence he caused any of the property damage; therefore, the landlord could not establish liability. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: August 30, 2024, Case #: 2024-Ohio-3346, Categories: Civil Procedure, Evidence, landlord Tenant
J. Mooney finds the trial court did not err by awarding a landlord possession of a rented space where a tenant parked her RV and by denying the tenant’s counterclaims for injunctive relief and damages. The landlord’s violation of his duty to provide sewage disposal doesn’t excuse the tenant from her duty to keep the premises clean and the tenant could have capped the RV’s septic port instead of discharging the sewage into nearby bushes. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 29, 2024, Case #: A180239, Categories: landlord Tenant
J. Kelly dismisses a tenant’s amended appeal of the trial court’s eviction order. Neither the original nor amended brief filed by the tenant complied with the rules of appellate procedure, even with the leniency extended to pro se filings. Namely, it fails to state a clear and concise argument. Dismissed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 29, 2024, Case #: 01-23-00446-CV, Categories: Civil Procedure, landlord Tenant
J. Gordon denies the apartment owner's motion to dismiss a tenant's whistleblower suit under the False Claims Act against the owners of her apartment community, alleging it demanded illegal side payments while receiving rent subsidies from Southern Nevada Regional Housing Authority under a housing assistance contract. The tenant has plausibly alleged the owner made a claim for payment from the housing authority under the implied false certification theory, the owner's conduct was material to the authority's decision to issue payments and the owner had the requisite motivation.
Court: USDC Nevada, Judge: Gordon , Filed On: August 28, 2024, Case #: 2:21cv1123, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: landlord Tenant, False Claims, Whistleblowers
J. Byrne finds that the trial court properly ruled in favor of a storage facility in an eviction case it filed against a renter who was behind on making rent payments. The renter argues that the facility constructed a late-rent scheme to collect more from renters, but there is nothing that would indicate such a scheme existed. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 28, 2024, Case #: 03-23-00372-CV, Categories: landlord Tenant, Property
J. Alley finds a lower court erred in not granting a school district’s plea to the jurisdiction in a dispute over the district’s acquisition of an apartment complex, which prompted this lawsuit from tenants there. Because, as this court has previously held, no claims in this case “fall within any waiver of [the district’s] governmental immunity,” the lower court should have granted the district’s plea. Reversed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: August 28, 2024, Case #: 08-23-00124-CV, Categories: Government, landlord Tenant, Immunity
J. Marbley grants, in part, the landlord's motion for summary judgment, ruling the stipulated facts between the parties prove the tenant abandoned the premises and violated the parties' commercial lease, making it liable for more than $155,000 in rent and other fees.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 27, 2024, Case #: 2:22cv1938, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, Damages, Contract
[Consolidated.] J. Herndon finds the district court improperly granted the restaurant owner's motion for preliminary injunction and application for an order to show cause for a pre-judgment writ of possession. The restaurant defaulted on a lease agreement with the resort and vacated the premises. The restaurant sought the writ of possession after discovering the resort had begun using certain items the restaurant was still making payments on. The district court incorrectly disregarded controlling abandonment law when determining the restaurant's likelihood of success on the merits of its conversion claim. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: August 27, 2024, Case #: 86032 , Categories: landlord Tenant, Property, Injunction
J. Molberg finds that the lower court properly awarded possession of the property to the appellee company, along with overdue rent and late fees, in this forcible detainer action. The pro se appellants argue that the lower court erred by excluding certain evidence, but they failed to "timely and specifically object and obtain a ruling." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: August 26, 2024, Case #: 05-23-00139-CV, Categories: landlord Tenant, Real Estate