89 results for 'cat:"Landlord Tenant" AND cat:"Contract"'.
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
J. Poissant finds that the trial court properly ruled in favor of the landlord in a dispute with a former tenant who alleged claims including familial status discrimination after receiving lease violation notices due to complaints by her downstairs neighbor about noise from her children. The former tenant did not show a prima facie case of disparate treatment against families by the landlord. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: December 14, 2023, Case #: 14-22-00169-CV, Categories: landlord Tenant, Housing, contract
J. Hall finds a mother and father not liable for their son’s unpaid rent or the costs in damages to a condominium property and dismisses the landlord’s breach of contract and aiding and abetting claims stemming from two lease agreements. The landlord fails to allege the parents were parties to either lease agreement or were under any obligation to correct any misrepresentation the son may have made in furtherance of any alleged fraud.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: December 11, 2023, Case #: 1:22cv3504, NOS: Other Contract - Contract, Categories: Fraud, landlord Tenant, contract
J. Johnson reverses the district court's grant of summary judgment to the landlord, finding that a liquidated-damages clause in a movie theater operator's lease is not enforceable. Actual damages caused by the operator's breach of its lease, namely unpaid rent, are able to be estimated accurately. The amount of liquidated damages provided for in the clause also does not account for the landlord's duty to mitigate damages and is not a reasonable forecast of actual damages. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 11, 2023, Case #: A23-0194, Categories: landlord Tenant, Damages, contract
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J. Rubin finds the trial court rightly dismissed a studio's unlawful detainer action that sought possession of property it had licensed to another studio. The studios expressly agreed that their relationship was based on a license agreement and was not governed by landlord-tenant laws. Affirmed.
Court: California Courts Of Appeal, Judge: Rubin, Filed On: November 15, 2023, Case #: B325853, Categories: landlord Tenant, contract
J. Smith finds that the lower court properly dismissed the appellant's negligence, negligence per se, trespass and nuisance claims, but improperly dismissed its contract claim, involving a lease for office and warehouse space. The tort claims at issue "belonged to the trusts" that owned the premises. The appellant's breach of contract claim, however, "is not without a basis in fact or law." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 9, 2023, Case #: 05-22-00820-CV, Categories: landlord Tenant, Tort, contract
J. Giuliano denies, in part, a landlord's claims related to a commercial tenant and its guarantor's alleged breach of the parties' lease and other agreements. There are questions of fact regarding its claims for breach of lease, breach of guaranty and breach of settlement agreement.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: November 9, 2023, Case #: 3:22cv425, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, contract
J. Partida-Kipness finds that the lower court properly entered default judgment against the property owner and the management company but improperly awarded mental anguish damages to the tenants in this lease dispute. The tenants contend that their apartment had an insect infestation, but their testimony fails to sufficiently support the award for mental anguish damages. Accordingly, the issue of mental anguish damages is remanded for a new trial. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: November 7, 2023, Case #: 05-22-00779-CV, Categories: landlord Tenant, Damages, contract
J. Farris finds the lower court improperly found a company had the right to take possession of an apartment from a tenant. The tenant had an apartment lease with PAC Vineyards, and PAC Vineyards filed for eviction based on alleged lease violations and harassment of other tenants. The company later amended the petition for eviction holding itself as PAC Vineyards’ successor-in-interest. While the company has standing to sue, evidence is insufficient to establish that the company had superior right to immediate possession of the apartment, as the lease was between the tenant and PAC Vineyards, and the company failed to prove it owned the apartment or had a lease with the tenant. The instant court awards possession of the apartment to the tenant. Reversed.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: October 31, 2023, Case #: 01-22-00520-CV, Categories: landlord Tenant, Real Estate, contract
J. Stadtmueller gives the citizen a second chance to file an amended complaint in his lawsuit bringing claims related to a dispute over his lease and eventual eviction by his landlord, as his first amended complaint still fails to show there is federal jurisdiction over his claims. The citizen is given until November 30, 2023, to file a second amended complaint, and the lawsuit may be dismissed with prejudice if he does not.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 31, 2023, Case #: 2:23cv1026, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, landlord Tenant, contract
J. Rosenthal denies, in part, a landlord's motion to dismiss a commercial tenant's claims arising from the landlord's termination of the lease due to the tenant's construction of a commercial kitchen on the property, which had been approved by the former landlord. There is a question of fact whether the signed remodeling plans modified the lease and are binding on the current landlord.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: October 19, 2023, Case #: 4:23cv2794, NOS: Other Contract - Contract, Categories: landlord Tenant, contract
J. Lewison finds a lower court properly dismissed a tenant's contract claims against a property owner. The tenant argued that the property owner wrongfully denied it a new lease, in violation of the Landlord and Tenant Act. However, the property owner sufficiently showed in court that the tenant failed to timely pay rent and refused to maintain the premises. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: October 12, 2023, Case #: CA-2023-285, Categories: landlord Tenant, Negligence, contract
J. Lazar finds partially in favor of the tenant in a lawsuit from its landlord stemming from multiple contract disputes associated with severe flooding and related damages the tenant's administrative office building suffered from floodwater during a "historic storm" in 2018. Under the plain language of the parties' lease agreement, the landlord is responsible for the costs of repairs and remediation of the flood damage, including to alterations, additions and improvements the tenant made to the property. While the circuit court also correctly found the tenant was entitled to rent abatement until repairs to the building were complete and it was "tenantable," its summary judgment order in favor of the tenant on this issue must be reversed because it did not consider factual disputes over the condition of the entire four-story space as pertains to how much rent abatement the tenant is entitled to for the roughly two months between when an inspector issued conditional and final certificates of occupancy. Affirmed in part.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: October 11, 2023, Case #: 2021AP002149, Categories: landlord Tenant, contract
J. Irizarry denies judgment to a commercial landlord on claims brought by McDonald’s for violations under the fast-food chain’s 20-year lease agreement. The chain proffers enough evidence for its declaratory relief claim to allege the landlord failed to cooperate with the appraisal process when it misled an appraiser in the hopes of maintaining an unfairly high rent for the location, which McDonald’s alleges was a pressure tactic to get it to vacate the property and thus give them the opportunity to execute their plans to build a high-rise development in its place.l
Court: USDC Eastern District of New York, Judge: Irizarry, Filed On: September 27, 2023, Case #: 1:19cv6471, NOS: Other Contract - Contract, Categories: landlord Tenant, contract
J. Emas finds the trial court properly entered a final judgment in favor of the landlord in a lawsuit over the commercial tenant's defaulting on rent payments for its gym, which occurred after the Covid-19 pandemic prompted the closure gyms and similar establishments. The assignment of the lease from the original tenant to a new tenant does not absolve the guarantor's from its obligations under the lease, and there is insufficient evidence to show the landlord acted in bad faith in failing to lower the rent and ignoring a square footage assessment of the property in attempting to re-lease it, so the tenant's arguments against the landlord's breach of guaranty and breach of lease agreement claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: September 27, 2023, Case #: 22-1317, Categories: landlord Tenant, contract
J. Pratt finds the trial court improperly granted the landlord a default judgment against the tenant and entered a final judgment evicting the tenant from its commercial property. The trial court found the tenant in default because it breached an order directing it to continue making rent payments during its pending eviction action to either the landlord's lawyer's trust account or to the landlord directly, but the plain language of the relevant Florida statute only calls for default if a tenant fails to pay rent into the court registry, not into a trust account or to a landlord. The trial court's order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: September 22, 2023, Case #: 22-1147, Categories: landlord Tenant, contract