89 results for 'cat:"Landlord Tenant" AND cat:"Contract"'.
J. Bybee finds that the district court improperly dismissed a commercial property landlord's complaint alleging that the County of Los Angeles’ 2020 eviction moratorium, enacted for the outbreak of Covid-19, violated his rights under the Contracts Clause of the United States Constitution. The moratorium provided tenants with an affirmative defense against eviction if they gave monthly notice to the landlord that they were unable to pay rent. Those allegations were sufficient to plead an injury in fact. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: August 30, 2023, Case #: 22-55480, Categories: landlord Tenant, Covid-19, contract
Per curiam, the Guam Supreme Court finds an arbitration panel properly confirmed an arbitration award to the duty free shops in a dispute on lease contracts and various bonds and lines of credit. The shops’ alleged breach of one of their agreements in the use of the funds implicates their main agreement, and “it is consistent with one instrument being used to cover multiple obligations.” Affirmed.
Court: Guam Supreme Court, Judge: Per curiam, Filed On: August 11, 2023, Case #: CVA19-3, Categories: Arbitration, 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. Wilson finds that the trial court properly ruled in favor of the lessor on its theft and other claims against the lessee imaging company and its two members. There was sufficient evidence that the lessor was an "owner" of the MRI machine that was removed from the premises based on its "greater right to possession of the property." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: July 18, 2023, Case #: 14-21-00485-CV, Categories: Fraud, landlord Tenant, contract
J. Hess finds that the lower court improperly found for the landlord in a tax dispute with Old Navy, its tenant. A material issue of fact remains as to whether Old Navy knowingly waived its right to have the leased property separately assessed for real estate tax purposes. Reversed.
Court: Missouri Court Of Appeals, Judge: Hess , Filed On: July 18, 2023, Case #: ED111214, Categories: landlord Tenant, contract
J. Srinivasan vacates the district court's grant of summary judgement to a landlord on a brokerage firm's action to recover commission on a lease agreement in which the firm represented both the landlord and tenant. Contrary to the district court's finding, the firm was not required to follow the formatting specifications under the District of Columbia's Brokerage Act, but is only required to show it obtained the required written consent. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 7, 2023, Case #: 22-7046 , Categories: landlord Tenant, contract
[Consolidated.] J. McClendon finds that the trial court erred in ruling that the language in the decedent's will was sufficient to terminate the lease agreement and revoke the third-party stipulation in favor of the daughter. The case is remanded to determine the amount of third-party benefits in the form of rental payments that are owed to the daughter. Reversed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: July 5, 2023, Case #: 2022CA0863, Categories: landlord Tenant, Wills / Probate, contract
J. Arterburn finds the district court properly entered order in favor of the landlord, awarding damages, past due rent, prejudgment interest and costs. Testimony indicated that after receiving a demand letter from the landlord, the tenant calculated past due rent on its own, depositing the amount into another party’s account under the mistaken notion that this account was that of the landlord’s representative. Prejudgment interest is modified. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 27, 2023, Case #: A-22-591, Categories: landlord Tenant, Banking / Lending, contract
J. Pipkin finds that the trial court properly ruled in favor of the landlord on the tenant's negligence and trespass claims arising from a dispute over remediation efforts for water intrusions and mold growth on the leased premises. However, the trial court incorrectly found in favor of the landlord on the tenant's breach of contract and attorney fees claims. A section of the lease governing the tenant's installation of fixtures does not apply to the breach of contract issue related to work performed by the tenant on the ceiling. An issue of material fact exists as to the claim which must be decided by a jury. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 27, 2023, Case #: A23A0276, Categories: landlord Tenant, Negligence, contract
J. Randolph finds the lower court improperly found that a tenant committed conversion and breached its lease with a building owner when it removed equipment that was affixed to the building. The tenant purchased a commercial business from the building owner but leased the building. The parties agreed to an Asset Purchase Agreement (APA) that stated the tenant purchased the business and all property necessary to conduct the business. When the tenant moved to a new location, it took the equipment, but the building owner said the equipment belonged to it because the equipment was attached to the building and had been excluded from the APA. The lower court agreed. But the instant court finds the equipment is included in the APA, as it is part of all the assets necessary to conduct the business. The tenant is responsible for any damage that may have occurred as a result of removing the equipment, and the matter is remanded to determine the amount of damages to repair the building. Reversed in part.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: June 22, 2023, Case #: 2021-CA-00778-SCT, Categories: landlord Tenant, Conversion, contract
J. Jolivette Brown denies a request by the San Francisco-based sublessor of a 17-story New Orleans hotel and apartment complex to dismiss breach of contract claims by the owner of the property, alleging that the international hospitality company has failed to provide security for its occupants, resulting in shootings and other violence on the premises. The sublessor argues it has not violated any contractual obligation regarding security, as the sublease makes clear that it does not control the common areas of the hotel. The property owner may amend its complaint to cite any provision of the sublease that the sublessor has allegedly breached.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 21, 2023, Case #: 2:23cv692, NOS: Other Contract - Contract, Categories: landlord Tenant, contract
J. Cassel finds the district court improperly found in favor of the hybrid popcorn seed grower in this dispute over rent to be paid on its leased property. The lease is susceptible of at least two reasonable interpretations and is ambiguous regarding minimum rent. The district court erred in entering partial summary judgment because the court should not have settled the meaning of the contract. Issues at trial were then based on a flawed premise. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: June 16, 2023, Case #: S-22-488, Categories: Agriculture, landlord Tenant, contract
J. Neyman finds the superior court properly found for a tenant in a lease dispute regarding its emailed notice of its intent not to renew its lease. Although the lease prohibited email notice, the email communications provided effective notice based, in part, on the fact the landlord received the timely notice. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Neyman, Filed On: June 7, 2023, Case #: 21-P-1054 , Categories: landlord Tenant, contract
J. Hershfang vacates, in part, the lower court's dismissal of certain claims filed by an airport authority in a lease dispute. There are genuine issues of material fact regarding the breach of lease claim and whether the tenant engaged in unfair or deceptive practices. Vacated in part.
Court: Massachusetts Court Of Appeals, Judge: Hershfang, Filed On: June 2, 2023, Case #: 22-P-412 , Categories: landlord Tenant, contract
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. 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
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