314 results for 'cat:"Landlord Tenant"'.
J. Pirtle finds the county court properly found in favor the tenant. Though the court granted the tenant replevin, ruling in favor of the trespass claims, it also dismissed his unlawful eviction claim, as well as the landlord's counterclaim for unpaid rent. The landlord's appeal failed to conform to rules of appellate procedure, and plain error review shows the record supports the conclusion the landlord did not legally possess the property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-263, Categories: Evidence, landlord Tenant, Property
J. Yarbrough finds that the lower court properly entered a judgment of eviction in favor of the home buyer following a foreclosure sale. The buyer had standing to bring the suit "under its foreclosure deed," and there was no prejudice to the appellants by the court allowing the buyer to amend its pleadings. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: January 30, 2024, Case #: 07-23-00231-CV, Categories: landlord Tenant, Real Estate
J. Thumma finds a lower court properly dismissed a landlord's contract claims against two tenants. The landlord argued that she was entitled to make deductions from the tenants security deposit. However, the tenants presented sufficient evidence in court that they were not obligated to turn over an itemized list of deductions in order to receive their deposit, and that the landlord "wrongfully withheld" the money from them. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: January 25, 2024, Case #: 1 CA-CV 22-579, Categories: landlord Tenant, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Kelety finds that the trial court erred in granting a commercial landlord judgment notwithstanding of the verdict on a premises liability claim that a tenant made over undisclosed asbestos contamination. The indemnification clause in the lease did not apply since the jury found the landlord grossly negligent, and a limitation of liability clause cannot shield landlords for a willful violation of statute. The landlord's failure to disclose the asbestos prevented the tenant from knowing about the hazard, and from acting to prevent the financial losses it incurred during remediation. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: January 25, 2024, Case #: D079905, Categories: landlord Tenant, Damages, Asbestos
J. Klappenbach finds the trial court properly found in favor of the landlord in a case where the tenant filed a sex discrimination counterclaim after the landlord had filed an unlawful detainer action against her. The trial court properly rejected the challenge to the strike of a black juror based on counsel's explanation of the peremptory strike as arising from concerns involving the age of the potential juror. This concern arose from the affinity younger people have with the act of shooting video, associated with video evidence that was admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 24, 2024, Case #: CV-22-725, Categories: Evidence, Jury, landlord Tenant
J. Buller finds that restaurant owners were improperly ordered to pay attorney fees after being sued for failing to pay the lease and damages to property they had vacated because the language of the indemnity provision in the parties' contract did not clearly demonstrate intent to shift fees to the owners in the event of a dispute. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-0231, Categories: landlord Tenant, Attorney Fees, Contract
J. Oing finds that the lower court properly found for the tenant on the issue of liability in a suit against her landlord over her child's lead exposure. The landlord failed to show it was unaware a child was living in the apartment or that it was exempt from remediating the lead in the apartment. Affirmed.
Court: New York Appellate Divisions, Judge: Oing, Filed On: January 23, 2024, Case #: 00267, Categories: landlord Tenant
J. Wilkinson finds the lower court improperly granted judgment to the property owners instead finding their policy violated the Fair Housing Act because it disproportionately ousted Latinos from the rental properties. The property owners began requiring proof of renters' legal status to renew leases, arguing they were protecting themselves against federal anti-harbouring laws. The anti-harbouring statute does not apply to landlords merely leasing to undocumented immigrants. Reversed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 23, 2024, Case #: 22-1660, Categories: Immigration, landlord Tenant, Housing
J. Suarez finds the trial court erroneously relied on its own opinion that a dutiful son would allow his father to use his identity to obtain financing for a residential lease and held the son liable for unpaid rent and fees. Such an analysis disregarded the testimony of the son, who claimed he never gave his father permission to put his name on the lease and had no knowledge of the apartment. Although the court claimed it found the son credible, its decision to hold him liable is contrary to that conclusion and was impermissibly based on personal feelings. Reversed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: January 19, 2024, Case #: AC45072, Categories: Judiciary, landlord Tenant
J. Evenson finds that the trial court improperly tossed an unfair competition claim by residential tenants who received three-day termination notices instead of 30-day notices as required by the federally subsidized housing program they were in. Though the tenants remained in their homes for more than 30 days after receiving the notices, the defective notices deprived them of property rights and put them in legal jeopardy, which was sufficient to support unfair competition claims. Reversed in part.
Court: California Courts Of Appeal, Judge: Evenson, Filed On: January 18, 2024, Case #: B322619, Categories: landlord Tenant, Unfair Competition
J. Cabret finds the superior court properly granted summary judgment to the property owner in the tenants' lawsuit attempting to gain title to the owner's property through adverse possession after having lived there rent-free for more than 15 years because they could not locate the owner to pay rent while he was away on military service and did not know the property was occupied. In part because of the disrepair of the property from damages sustained from Hurricane Hugo in 1989, the fact that the tenants began living in the property in the 1970s as permissive tenants, and the tenants have not proven the required hostility factor for their adverse possession claim, the superior court's order stands. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: January 18, 2024, Case #: 2024 VI 7, Categories: landlord Tenant, Contract
J. Ray denies, in part, a grocery store's motion for summary judgment in a lease agreement dispute concerning the replacement of an HVAC system. Although the agreement explicitly says the grocery store, as tenant, is not responsible for the replacement, the lease is ambiguous whether the landlord must replace the system.
Court: USDC Northern District of Texas , Judge: Ray, Filed On: January 17, 2024, Case #: 4:22cv980, NOS: Other Contract - Contract, Categories: landlord Tenant, Contract
Per curiam, the appellate division finds that the lower court improperly denied the landlord's motion for a money judgment after the tenant failed to pay rent for April 2021 through February 2023. The landlord is entitled to $100,974 in damages. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 11, 2024, Case #: 00152, Categories: landlord Tenant
Per curiam, the appellate division finds that the lower court improperly denied the clothing store's motion to dismiss this landlord-tenant dispute over an alleged breached sub-lease. Consent was not fully executed on the contract because the store never signed the lease. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 11, 2024, Case #: 00141, Categories: landlord Tenant
J. Hall grants the landlord company's renewed motion to dismiss in an action brought by the tenant arising from eviction proceedings. The motion is construed as a motion for judgment on the pleadings. The tenant's claims against the company are barred by res judicata because the parties in the instant action are identical to those in a previous action and the two cases involve the same cause of action related to the parties' rights under a lease. The previous action also ended with a final judgment in the company's favor. The claims against all parties other than the second company are dismissed. Although the tenant failed to assert any claims or factual allegations against the second company, the tenant is ordered to file an amended complaint to cure his pleading deficiency.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: January 10, 2024, Case #: 1:20cv176, NOS: Other Civil Rights - Civil Rights, Categories: landlord Tenant
J. Maxa finds that the lower court improperly issued a writ of restitution in favor of a subsidized housing facility that gave the facility possession of a tenant's apartment after it claimed he breached his lease. In order for such an order to comply with the CARES Act, the landlord has to give the tenant 30 days to vacate the property. The landlord here gave the tenant four different 10-notices and therefore did not fully comply with the language of the CARES Act. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 9, 2024, Case #: 58118-3-II, Categories: landlord Tenant, Property
[Consolidated.] J. Epps denies the tenant's request to proceed in forma pauperis in a civil rights action against officials and the property owner arising from a wrongful eviction. The tenant provided incomplete answers to the questions in the instant motion and has provided conflicting financial information in other motions. The tenant is directed to submit a new motion to proceed in forma pauperis within 21 days. The tenant is also ordered to file an amended complaint.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: January 5, 2024, Case #: 1:23cv200, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, landlord Tenant
J. Silva grants the condominium's motion to dismiss this landlord-tenant action. The tenant, who alleges issues with housing conditions, improperly evokes the Fair Housing Act and fails to demonstrate federal jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: January 5, 2024, Case #: 2:23cv1690, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, landlord Tenant, Jurisdiction
Per curiam, the appellate division finds that the lower court improperly granted the guarantor's motion to dismiss the complaint in a landlord-tenant dispute over the tenant's inability to pay its lease after it was required to close during the Covid-19 pandemic. The landlord seeks damages against the guarantor only for amounts that became due outside the Guaranty Law period, which covers the period of March 2020 to June 2021. Therefore, the guarantor may be held liable for the barbershop's failure to pay rent from July 2021 to March 2022. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 4, 2024, Case #: 00039, Categories: landlord Tenant
J. Bevan holds that the trial court erroneously found that unlawful detainer law conflicts with the constitutional right to a jury trial. Repossession of under 5 acres of land is an equitable question that does not require a jury. However, the tenant's claim that she was evicted in retaliation for making repair requests is a legal question with issues of fact a jury must decide. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: January 3, 2024, Case #: 49976, Categories: Jury, landlord Tenant
J. Mazzant grants summary judgment to the apartment complex owner and dismisses most of a former tenant's claims that stem from his arrest by federal agents for threatening messages he posted on social media while in Washington, D.C. on January 6, 2021. The former tenant's claim for wrongful eviction fails since the evidence indicates he "voluntarily vacated his apartment" when the apartment owner posted a notice to vacate. Also, the invasion of privacy claim fails since it was federal law enforcement who executed the search warrants and arrested the tenant at his apartment, and the apartment owner's disclosure of the tenant's rental application to the federal agents was not an "act of intrusion."
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: January 3, 2024, Case #: 4:22cv787, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, Tort, Emotional Distress
J. Jones finds that the trial court properly ruled against a property manager whose motion for joinder and a new trial was denied in a case arising from a tenant's lawsuit against their landlord for allegedly wrongfully withholding their security deposit. After the trial court ruled in favor of the tenant, the property manager filed his motions that were subsequently overruled. The judgment issued against the landlord is not also bound to the property manager. Therefore, he cannot seek relief for a judgment not issued against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: December 29, 2023, Case #: 03-21-00556-CV, Categories: landlord Tenant, Property, Enforcement Of Judgments
J. Peterson finds that the lower court properly found for the village on a law firm's suit for breach of contract regarding its attempt to buy or continue to lease certain commercial real property that was allegedly thwarted by the village. The law firm failed to show the village knew the terms of its lease when it negotiated to purchase the subject property or that it took any action to persuade the landlord to breach the lease. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: December 28, 2023, Case #: 230083, Categories: landlord Tenant, Interference With Contract, Contract