314 results for 'cat:"Landlord Tenant"'.
J. Palmer finds the lower court properly determined the guarantee agreement signed by the tenant's affiliates extended to all of the lease renewals in a rent dispute. Although there was some ambiguity in the contract, it was not unreasonable to assume the phrase "renewal of the lease" extended beyond the first extension of the agreement. Additionally, the affiliates' signatures on the initial guarantee agreement was sufficient to render them liable for the tenant's nonpayment of rent after several renewals because the original document included language regarding renewals. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Palmer, Filed On: June 2, 2023, Case #: AC44909, Categories: landlord Tenant, Contract
J. Lemmon denies summary judgment to a property management company on vicarious liability claims in civil rights claim by a pregnant tenant who alleges the landlord’s manager directed a sheriff’s deputy to use his authority to attempt an unlawful eviction of her and her family. The landlord argues it had no contractual relationship with the deputy, who was merely the landlord's friend, picking up a key from an evicted tenant. The now-former deputy asserts that he was a “partner” with the landlord, performing repairs, odd jobs and possibly rent collection, for 10% of the profits of the properties he worked on, as well as hotel discounts and cash gifts. Fact issues preclude a finding that “no master-servant” relationship existed between the landlord and the cop.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: June 2, 2023, Case #: 2:22cv13, NOS: Other Civil Rights - Civil Rights, Categories: Employment, landlord Tenant, Police Misconduct
J. Horton finds the county court properly found in favor of the purchaser-at-auction of a foreclosed-upon property seeking to evict the original purchaser who had defaulted on their loan. The evictee, who filed a CDC form addressing the temporary halting of residential evictions to prevent the spread of Covid-19, didn’t challenge the court’s conclusion that the eviction was not based on her failure to pay rent, and the argument is not preserved for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: June 1, 2023, Case #: 09-21-00105-CV, Categories: landlord Tenant, Banking / Lending, Covid-19
J. Vance denies a request by a creditor of a bankrupt landlord for sanctions against a commercial tenant for an allegedly “frivolous” appeal of a bankruptcy court ruling favoring the creditor for the collection of allegedly unpaid rent. The appeal was “ultimately resolved by authorities neither litigant cited, none of which was a clear, unambiguous” holding of the Fifth Circuit or the Louisiana Supreme Court. The matter is therefore distinguishable from the type of appeals that have been found to be sanctionable.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 31, 2023, Case #: 2:22cv4167, NOS: Other Fraud - Torts - Personal Property, Categories: Bankruptcy, landlord Tenant, Sanctions
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J. Newey finds a lower court properly dismissed a mixed used building owner's breach of lease claims against an apartment complex. The mixed used building owner argued that the apartment complex operator breached a shared ownership lease. However, the apartment complex operator presented sufficient evidence in court that it was entitled to acquire the right to manage certain blocks of flats that housed qualifying tenants.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: May 30, 2023, Case #: CA-2022-1754, Categories: landlord Tenant, Housing, Contract
Per curiam, the appellate division finds that the lower court properly determined that the tenants were only entitled to damages that occurred prior to filing of the complaint, and that the landlord did not engage in a fraudulent scheme to deregulate the apartments. In the absence of a fraudulent scheme affecting the base date rent, the overage for tenants should be based on the determination of the legal rent established on the base date. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2023, Case #: 02857, Categories: landlord Tenant
J. Virden finds the trial court improperly entered summary judgment in favor of certain tenants who claim the apartment management breached lease agreement covenants, creating and maintaining “a [mold] nuisance in the common areas of the apartment complex.” There is no evidence on record that three tenants in this suit paid rent, signed a lease or otherwise could state a claim. As to other, valid tenants, previous holdings by the Arkansas Court of Appeals have established that a circuit court errs when it grants summary judgment on a breach-of-contract claim when proof of causation was lacking. Nominal damages may be recovered “for a breach of contract unaccompanied by any actual damage,” according to prior guiding cases, which is sufficient to preclude summary judgment. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 24, 2023, Case #: CV-20-628, Categories: landlord Tenant, Damages, Contract
J. Molaison finds that the trial court should not have denied a landlord's motion to compel arbitration under the parties' lease agreement. In this case, the tenant signed the arbitration agreement three separate times as a part of his lease. Further, the evidence belies the tenant's claim that he did not understand the arbitration agreement, given that he signed it. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: May 24, 2023, Case #: 23-C-87, Categories: Arbitration, Evidence, landlord Tenant
[Consolidated.] J. Wilson finds that the appellate division properly declined to find for the housing authority in claims brought after a tenant died by immolation at the hands of a former paramour who purportedly gained access to the building through an exterior door with a malfunctioning lock. In a similar appeal, the appellate division improperly found for the housing authority when a tenant was shot point-blank in retaliation for a prior altercation with residents from a neighboring housing complex, who also gained access by a malfunctioning exterior door. Claims that the victims had been targeted did not absolve the housing authority of its duty to provide minimum security against criminal acts by intruders, and questions of fact remained as to how the authority's actions may have contributed to the victims' injuries. Affirmed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: May 23, 2023, Case #: 36, Categories: landlord Tenant, Negligence