314 results for 'cat:"Landlord Tenant"'.
J. Boomgaarden finds that the lower court properly dismissed claims from an insurance company that brought a negligence action against a tenant leasing a commercial property that sustained fire damage. Under the relevant insurance documents and agreements between the insurance company, the property owner and the tenant, it was "reasonably expected" that the insurance company, not the tenant, would be tasked with compensation for any losses stemming from fire damage. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: November 9, 2023, Case #: S-23-0052, Categories: Insurance, landlord Tenant
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
[Modified.] J. Gilbert deletes the word "toxic" in several places with no change in judgment. The trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: November 9, 2023, Case #: B321616, Categories: landlord Tenant, Negligence, Experts
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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. Richardson finds that a tenant raised sufficient issues of fact that summary judgment in his landlord's favor was error. The trial court must address the tenant's claims that a Covid-19 eviction moratorium applied, that the eviction was in bad faith and whether the landlord was allowed to increase the amount of the security deposit during the tenancy. Reversed.
Court: California Courts Of Appeal, Judge: Richardson, Filed On: November 1, 2023, Case #: BV 033886, Categories: Civil Procedure, landlord Tenant, Covid-19
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
[Consolidated.] J. Gustafson finds that the lower court improperly denied the mobile home residents' motion to stay an eviction proceeding. The Montana Residential Mobile Home Lot Rental Act does not allow a lot-only landlord to terminate a tenant's month-to-month lease without cause, even if the contract provides the landlord that permission. The legislative history of the Act makes it clear that lawmakers specifically sought to ban no-cause evictions of mobile home owners who rented lots. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: October 31, 2023, Case #: DA 22-0358, Categories: landlord Tenant
J. Whitney grants a county sheriff’s office its motion to dismiss an amended complaint brought by a business owner after his store manager embezzled money and the owner couldn’t pay rent, prompting the landlord to evict the business. During proceedings after the business owner contested the eviction, he claims that a law judge allowed someone in the court to laugh and make fun of him because his son needed to translate for him. He also claims the judge threatened the him, saying that he would not allow any court to vacate his judicial orders. However, in this case, the owner sued this judge, and a few others, in their official capacities only, not in their individual capacities, so the judges maintain sovereign immunity.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: October 27, 2023, Case #: 3:22cv561, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, landlord Tenant, Immunity
Per curiam, the appellate division finds that the lower court improperly dismissed the landlord's complaint, as the tenant's guaranty remained effective through November 2014 and two lease renewals did not allow for changes in the lease's terms. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 24, 2023, Case #: 04582, Categories: landlord Tenant
Per curiam, the appellate division finds that the lower court properly found for the landlord in this action to recover rent due under a commercial lease. The lessor failed to preserve his contention that he did not personally guarantee the rental obligations under the subsequent lease agreements, as he signed both agreements. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 24, 2023, Case #: 05353, Categories: landlord Tenant
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
Per curiam, the appellate division finds that the lower court improperly denied the landlord's motion seeking use and occupancy pendente lite. The landlord is entitled to this relief, but a hearing is warranted because the amount in the lease is contested based on alleged rent overcharges. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 19, 2023, Case #: 05346, Categories: landlord Tenant
J. Humes finds that the trial court properly rejected landlords' challenge to a $2.7 million judgment awarded to tenants in a harassment and unlawful eviction case. Landlords lack a legal basis to argue that the primary right theory barred tenants from pursuing their claims after they had surrendered their rental unit in an unlawful detainer action. Tenants were not required to file a cross-complaint in the unlawful detainer action, which dealt solely with the issue of current possession. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 19, 2023, Case #: A164470, Categories: Civil Procedure, landlord Tenant
J. Miller finds that the trial court properly entered an order holding the landlord in criminal contempt of a settlement agreement with the tenants and fining the landlord $52,000. The landlord failed to remove negative reports it made on the tenants' credit reports in accordance with the agreement. Sufficient evidence was presented to show that the landlord willfully failed to correct the credit reports, including emails showing that the landlord first took action to correct the reports a month after the deadline set in the agreement. The fines imposed by the trial court were not excessive and the trial court correctly awarded the tenants attorney fees. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 18, 2023, Case #: A23A0865, Categories: Contempt, landlord Tenant, Settlements
Per curiam, the appellate division finds that the lower court properly found for the landlord in a wrongful eviction suit. The tenant was evicted after failing to pay rent through a lawful eviction proceeding in Nassau County District Court. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 18, 2023, Case #: 05240, Categories: landlord Tenant
J. Gilbert finds that the trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to toxic mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: October 16, 2023, Case #: B321616, Categories: landlord Tenant, Negligence, Experts
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
Per curiam, the appellate division finds that the lower court improperly denied the landlord's partial motion for summary judgment on the tenant's breach of guaranty and awards it $37,000 for water and sewer charges and repayment of the brokerage commission. However, claims regarding the constitutionality of the guaranty law must be remanded for further development of the record. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: 05180, Categories: landlord Tenant