314 results for 'cat:"Landlord Tenant"'.
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv583, NOS: Torts to Land - Real Property, Categories: Government, landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords, who evicted them from their homes after their water was contaminated by the U.S. Navy’s jet fuel leak. Despite the landlord’s relationship with the military under residential agreements, the landlords themselves are not military and therefore do not fall under federal jurisdiction. Bringing in the U.S. as a third-party defendant does not grant jurisdiction because “a defendant may not create subject-matter jurisdiction by filing a third-party complaint — that is not a voluntary act by plaintiff.”
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:23cv586, NOS: Torts to Land - Real Property, Categories: Government, landlord Tenant
J. Jackson grants the landlord defendants' motion for partial summary judgment and dismisses the tenants' claims for failure to accommodate under the Fair Housing Act and the Oklahoma Fair Housing Law. The court concludes that the "requested accommodation was neither necessary nor reasonable." The tenants were allegedly denied a one-year lease renewal, but the standard lease was only for six months. Also, the evidence shows that they moved out of the apartment 32 days "before their required move-out date."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 8, 2024, Case #: 6:23cv115, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, landlord Tenant, Housing
Per curiam, the appellate division finds that the lower court properly denied the tenant's motion to dismiss the landlord's claim for the proceeds of a letter of credit. The landlord's service of a revised notice of termination of the lease did not serve to revive the lease after its expiration a year prior because the tenant already acknowledged in a letter that the lease was terminated. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: 01874, Categories: landlord Tenant
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Per curiam, the appellate division finds that the lower court properly denied the landlord's motion to dismiss a tenant's complaint. The record does not utterly refute the tenant's allegations that the apartment was fraudulently removed from rent regulation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: 01889, Categories: landlord Tenant
J. McShan finds that the lower court properly rejected claims contending a state official's failure to enforce local building codes caused tenants to be forced from their apartments when their landlord ignored repair orders. By law, the official was required to "promulgate rules and regulations" setting minimum statewide standards for building and fire safety, but enforcement is left to New York municipalities. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 28, 2024, Case #: CV-22-2099, Categories: landlord Tenant, Municipal Law
J. Goldman finds the lower court properly rendered judgment against a property owner in this contract dispute. A business and a property management company entered into a letter of intent to lease a property. The business paid double rent for a period of 20 months to hold the property vacant while it sought a permit to operate a cannabis dispensary. The letter of intent stated that once the permit was obtained, the owner would transfer possession of the property to the business so that it could operate the dispensary; but once the permit was obtained, the owner refused claiming he would never have agreed to lease to a cannabis dispensary. A settlement was reached via mediation, but the property owner later refused to sign the formal agreement. The lower court found the mediated term sheet to be an enforceable agreement, and judgment was rendered against the owner who was ordered to pay the business $1.6 million per the terms of the agreement. The instant court reverses the award of prejudgment interest in the amount of $55,671, but otherwise agrees with the lower court's findings. Affirmed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 28, 2024, Case #: A166242, Categories: landlord Tenant, Real Estate, Contract
J. Nunley awards $1.6 million in attorney fees to a cinema following its successful contract action against a shopping center. The requested $2.2 million in fees is lowered based, in part, on a reduction in requested hourly rates for the attorneys and legal staff.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 26, 2024, Case #: 2:16cv1066, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, Attorney Fees, Contract
J. May finds the trial court improperly granted the apartment owner possession of the rent-subsidized tenant's apartment. The owner sought to take possession of the apartment when the tenant's lease ended, citing his nonpayment of rent and behavior. The owner violated federal law by failing to give the tenant a 30-day notice, as required. The notice provision did not expire with the Covid-19 temporary eviction moratorium. Reversed.
Court: Indiana Court Of Appeals, Judge: May , Filed On: March 22, 2024, Case #: 23A-EV-1404, Categories: landlord Tenant, Covid-19
J. Clark finds that the trial court correctly dismissed a special motion to dismiss based on anti-SLAPP legislation brought by the defendant in a case regarding unpaid rent. The judge ruled that the defendant’s claims in the motion do not relate to his freedom of speech and therefor do not fall under the protections of the Anti-SLAPP law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 22, 2024, Case #: AC46942, Categories: Anti-slapp, landlord Tenant, First Amendment
J. Barringer finds that the court of appeal improperly ruled to reverse the trial court's ruling in this negligence complaint brought by a tenant against his landlord after he was burned from a gas explosion in the rental property. The tenant never gave the landlord any prior notice of the defect and the need for repairs in the home. Reversed.
Court: North Carolina Supreme Court, Judge: Barringer, Filed On: March 22, 2024, Case #: 28A23, Categories: landlord Tenant, Negligence
Per curiam, the appellate division finds that the lower court properly denied the tenant's motion for summary judgment on liability for the landlord's demolition of its car wash structure. Issues of fact remain as to whether damage to the retaining wall was caused by the tenant's demolition of the concrete floor inside the car wash structure, and whether the landlord was entitled to demolish the entire structure to remediate the dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: 01619, Categories: landlord Tenant
Per curiam, the appellate division finds that the lower court properly ruled for the landlord and awarded it $197,000 against the tenant. The tenant abandoned the lease, and the court may enter judgment in the amount of rent for the remainder of the lease term even if the landlord assisted in arranging for their move, as the landlord never accepted surrender in a signed writing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: 01606, Categories: landlord Tenant
J. Deahl upholds the lower court's dismissal of a the district's rental-related discrimination action against a landlord after the district voluntarily moved to dismiss when it discovered the landlord's posting of "no vouchers" within his listing was not discriminatory, as the rental was not voucher-eligible. The landlord fails to show the district acted in bad faith when it sued him. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 21, 2024, Case #: 22-CV-0316 , Categories: Civil Rights, landlord Tenant
J. Young denies the tenant's motion to dismiss the breach of contract claims. The tenant, leasing a warehouse, hired a company to repave the floor. The pavement company cut corners and produced a floor full of cracks. The contract claims can proceed because the landlords showed that any alterations to the property required preapproval.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 21, 2024, Case #: 3:23cv479, NOS: Other Contract - Contract, Categories: Construction, landlord Tenant, Contract
[Corrected.] J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 20, 2024, Case #: 2023-CA-0644, Categories: landlord Tenant, Property
J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 19, 2024, Case #: 2023-CA-0644, Categories: landlord Tenant, Property
J. Chase finds that the trial court properly denied the Louisiana Fair Housing Action Center's exception of insufficiency of service of process on a condominium owners' association's lease action. In this case, the association had 90 days from the date of the lifting of the stay order to request service and citation. Therefore, the association's action was timely. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 18, 2024, Case #: 2024-C-0058, Categories: Civil Procedure, landlord Tenant
[Consolidated.] J. Rabner finds that the appellate division improperly dismissed a counterclaim contending the condo association wrongfully denied a disabled tenant an emotional support animal because the resident was entitled to seek accommodations to the pet policy, and nothing disputed that his wife suffered several mental health conditions. Meanwhile, the chancery court dismissed the claim without addressing whether the accommodation was unreasonable.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: March 13, 2024, Case #: A-60-22, Categories: Ada / Rehabilitation Act, landlord Tenant