314 results for 'cat:"Landlord Tenant"'.
J. Wright finds that the lower court improperly denied the tenant's motion to set aside a default judgment in a breach of lease suit. The tenant had good cause for failing to respond to the petition and the motion to set aside the default judgment was filed within a reasonable time. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 12, 2024, Case #: ED111898, Categories: landlord Tenant
J. Hodge finds the superior court improperly reversed a lower court's decision in the tenant and landlord's dispute over a commercial lease ordering restitution to the landlord and the release to her of rent money held in escrow. The superior court incorrectly dismissed the landlord's lawsuit on subject-matter jurisdiction grounds, in part because the relevant Virgin Island statutes, including the one relating to "forcible entry and detainer" actions to recover possession of a premises, do not prohibit inquiries into the validity or existence of lease agreements. The portion of the tenant's appeal relating to the restitution of the premises is now moot because he vacated the premises in 2021, but the portion of the superior court's order awarding escrowed rent money to the landlord is reversed and vacated. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: March 6, 2024, Case #: 2024 VI 12, Categories: landlord Tenant, Jurisdiction, Contract
J. Gobeil finds that the trial court improperly issued a writ of possession to the landlord in a dispossessory dispute and incorrectly ordered the tenant to pay rent and $209,000 in back-due rent in contradiction of an agreement between the parties. Language in the agreement's consent order unambiguously ceased the tenant's obligation for further rental payments. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: March 4, 2024, Case #: A23A1546, Categories: landlord Tenant, Contract
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J. Windhorst finds that the trial court should not have granted a landlord's motion for involuntary dismissal of the tenant's breach of lease action over the failure to use the tenant's lease payments to pay off the principal balance on the property. The lease agreement shows that the monthly rental payment was the equivalent of the “monthly debt service” as calculated for the repayment of principal and interest constituting the mortgage indebtedness, plus the lessor's fee. Also, the tenant purchased an option to buy the leased property at any time for the specified price of “that amount necessary to pay off in full of the mortgage indebtedness." Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: February 28, 2024, Case #: 23-CA-253, Categories: landlord Tenant, Contract
J. Robinson finds that the city court properly ordered a tenant evicted for failure to pay rent. In this case, the tenant stopped making payments in October 2022, with the landlord filing an eviction notice in January 2023. The landlord never accepted rental payments following the filing of the eviction and never waived the violation of nonpayment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: February 28, 2024, Case #: 55,414-CA, Categories: landlord Tenant, Contract
J. Pate finds the superior court properly determined that a landlord failed to maintain the premises in a habitable condition and willfully diminished the tenant’s essential services. The landlord’s “willfulness is clear because he housed employees in his garage after being denied his request to have additional residential units there.” Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: February 23, 2024, Case #: S-18262, Categories: landlord Tenant
J. Partida-Kipness finds that the lower court properly denied the appellant's plea to the jurisdiction and rendered judgment for the appellee in this forcible detainer case. The appellant argued that the forcible detainer action was not "an available remedy" due to the parties' executory contract. However, the contract specifically states that the buyer would become a tenant-at-sufferance "if the contract is cancelled because of her default." Further, her argument regarding Subchapter D relates to title, as opposed to possession. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 23, 2024, Case #: 05-23-00172-CV, Categories: landlord Tenant, Real Estate, Contract
J. Neeley finds the trial court improperly dismissed the former resident's liability suit arising from the apartment management's nonrenewal of her lease. The resident moved to another town and was unable to maintain her employment due to the increased commute time. The resident's assertion the original lease was invalid is a conclusion of law, which does not amount to a judicial admission. The record shows the parties agreed the resident was a paying tenant. The testimony and facts are inconclusive. Reversed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: February 22, 2024, Case #: 12-23-00161-CV, Categories: landlord Tenant, Contract
J. Brody finds the district court properly dismissed a tenant’s Idaho Consumer Protection Act counterclaim against the landlords and decisions concerning certain setoffs against property damages awarded to landlords. The tenant claims the lease was a lease to own a mobile home agreement. The landlords alleged violations of the agreement, then initiated an eviction action. The tenant failed to challenge the court’s findings. The landlords are entitled to attorney fees and cost. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 22, 2024, Case #: 49801, Categories: landlord Tenant, Attorney Fees
J. Hellman finds the trial court properly granted summary judgment to the property owners on the renter's claims and awarded attorney fees. “Even though the record demonstrates that defendants knew that mold and spores had been present…that fact—without more—is insufficient to support a determination that defendants had actual notice that the property was uninhabitable…during plaintiff’s tenancy.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A176244, Categories: landlord Tenant, Attorney Fees
J. Berkenkotter finds the trial court erroneously ruled in favor of the landlord on his eviction claim because Colorado law allowed the tenant to assert the affirmative defense of retaliation under the Colorado Fair Housing Act. Although a landlord may bring a forcible entry and detainer action against a tenant for "no reason or any reason," due process requires a tenant be given the opportunity to rebut evidence presented by the landlord; therefore, the tenant in this case must be allowed to present her retaliation claim based on allegations the landlord evicted her when she refused to have sex with him. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: February 20, 2024, Case #: 2024CO11, Categories: Civil Procedure, landlord Tenant, Housing
J. Keough finds the lower court properly denied the attorney's motion to dismiss on the grounds of res judicata. Although the firm to which he belongs was sued by the same law firm that acted as landlord to the parties, the attorney would not have been individually liable for any judgment in that case, which allowed the landlord law firm to bring the present action against him in his individual capacity. Meanwhile, the contract claim was properly decided in the landlord law firm's favor. Its decision to change the locks after the attorney vacated his leased space did not breach the parties' agreement, especially in light of the attorney's testimony that he removed his equipment and furniture because he did not intend to return. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 15, 2024, Case #: 2024-Ohio-579, Categories: landlord Tenant, Contract
J. Warner finds the lower court improperly granted the grocery store’s motion to amend to plead a claim for punitive damages in this lease dispute. There is not enough support of evidence established to support the independent tort. Therefore, this appeal will be remanded, and the punitive damages claim will be stricken. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2023-1102, Categories: Evidence, landlord Tenant
J. Easterly upholds the superior court's finding for a seller of a four-unit property and the buyer, who held all the tenants' assigned rights, in their action against an outside purchaser who refused to allow them to close. The buyer's contract with the seller was enforceable and held priority under the Tenant Opportunity to Purchase Act. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 8, 2024, Case #: 22-CV-0033 , Categories: landlord Tenant, Real Estate, Contract
J. Markle finds that the trial court properly ruled in favor of the landlord in a breach of contract action against the guarantor but incorrectly included an award of 150% of rent and attorney fees in the damages award. The trial court did not conduct the correct analysis with respect to the award. The guaranty signed by the guarantor clearly obligated her to pay money due under the lease between her company and the landlord. Although the guaranty incorrectly referred to the guarantor as the tenant instead of her company, the error does not render the guaranty unenforceable. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 8, 2024, Case #: A23A1647, Categories: landlord Tenant, Contract
J. Bacon finds a tenant is entitled to a new trial following dismissal of his appeal in a landlord-tenant dispute. The metropolitan court's status as a court of record for the case required it to create a record of the trial for appellate proceedings, regardless of whether such a record was requested by either of the parties. Additionally, the local rule that requires a party to request a record of proceedings prior to trial will be struck down, as it conflicts with state law, and courts will be asked to create audio recordings of proceedings moving forward. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: February 5, 2024, Case #: S-1-SC-35619, Categories: Civil Procedure, landlord Tenant, Public Record
J. Keough finds the trial court properly granted the tenants' request for a stay in proceedings because the motion was not frivolous, but was made to allow another court to rule on the parties' related foreclosure case. Meanwhile, the landlord's request for $15,000 in damages against each tenant was properly denied by the trial court because the landlord presented no evidence to support that specific amount and failed to prove any physical damage to the property itself. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 1, 2024, Case #: 2024-Ohio-338, Categories: Civil Procedure, landlord Tenant, Damages
[Modified.] J. Kelety alters one sentence and denies a rehearing with no change in judgment. 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 31, 2024, Case #: D079905, Categories: landlord Tenant, Damages, Asbestos