314 results for 'cat:"Landlord Tenant"'.
Per curiam, the appellate division denies the tenant's petition to compel the city Department of Housing to supplement the record after it granted the landlord's request to evict her. The landlord validly served its notice of default on the tenant, and reasonably relied on the one tax return that she submitted at the hearing to demonstrate she did not use the apartment as her primary residence.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02756, Categories: landlord Tenant
Per curiam, the appellate division finds that the lower court properly declined to overturn the New York State Division of Housing and Community Renewal's refusal to overturn order of a rent administrator. Although the tenants attested to the importance of elevator operators to the security of the building, eliminating them did not violate city regulations. The landlord has provided an adequate substitute in the form of new employees. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02656, Categories: Administrative Law, landlord Tenant
J. Emas finds the trial court erred in its decision in a dispute between the landlord and the tenant partially stemming from unpaid rent for a commercial property. The trial court abused its discretion by denying the landlord's motion for immediate default and possession after the tenant failed to make its first monthly payment of $21,305 into the court's registry, so the case is remanded for entry of immediate default and writ of possession and for any other proceedings necessary. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: May 15, 2024, Case #: 23-1120, Categories: landlord Tenant
J. Worthen denies the property occupants' request for a writ of mandamus. The occupants seek to challenge the order of possession, the denial of their motion to reduce the bond, and to stay issuance of the writ of possession. The occupants have failed to establish the court improperly set the amount of the supersedeas bond at $7,500 and overruled the motion to reduce the bond and stay proceedings. The occupants had sufficient information upon which to exercise discretion. Based upon their income, expenses, personal property, and evidence of resale and rental values of the premises, a bond of $7,500 would not subject them to economic harm and was necessary to protect property owner.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 15, 2024, Case #: 12-24-00076-CV, Categories: landlord Tenant, Property, Due Process
J. Miskel finds that the lower court properly entered final judgment in this dispute between a tenant and a landlord involving a settlement agreement. The appellant's brief fails to include a proper discussion of the facts "with citations to the record" or a proper application of the law. Accordingly, the court cannot reach "the substance of his case." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 14, 2024, Case #: 05-22-00098-CV, Categories: Civil Procedure, landlord Tenant, Contract
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J. Hassan finds that the trial court partly erred regarding the damages awarded to the landlord in a suit against the former tenant alleging breach of lease. The evidence was insufficient to support the damages awarded to the landlord for re-leasing expenses, and the tenant was owed a credit of $100,000 for the security deposit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00727-CV, Categories: landlord Tenant, Damages, Contract
J. Palermo finds that a lessee of several commercial properties, who prematurely terminated a lease, has shown that information that could be provided through additional discovery is likely to have bearing on the case. The lessor entered into a replacement lease days after the close of discovery and the lessee requests additional information on the new lease which may have bearing on the damages involved in the early termination of the prior lease. The lessee’s motion to continue is granted.
Court: USDC Southern District of Texas, Judge: Palermo, Filed On: May 14, 2024, Case #: 4:23cv1194, NOS: Other Contract - Contract, Categories: landlord Tenant, Business Practices, Contract
J. Johnson vacates the judgment of eviction since the tenant was deprived of a fair trial because the trial court did not swear-in the landlord's property manager and relied on her statements during trial. Further, the trial court called a security guard witness on behalf of the landlord over the tenant's objection. Vacated.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 13, 2024, Case #: 2023-CA-0782, Categories: Civil Procedure, landlord Tenant
J. Cabret finds the superior court erred in its judgment in a dispute between a property owner and a former tenant over a land contract for the purchase of multiple plots on the owner's property. With its order for a judgment of $283,945 in favor of the property owner, the superior court improperly reduced the owner's damages based on the premise that she violated the parties' 2011 agreement, including by the manner in which she collected rent payments from a different tenant. The owner is entitled to collect the entirety of the debt the former tenant owes, so the portions of the superior court's judgment finding in the tenant's favor on his counterclaims is reversed and the matter is remanded to calculate the owner's total damages. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: May 10, 2024, Case #: 2024 VI 22, Categories: landlord Tenant, Property, Contract
Per curiam, the appellate division finds that the lower court improperly dismissed a constructive eviction claimed filed by a tenant due to Legionella bacteria contamination in its building. This is a commercial lease, not a residential one, so the implied warranty of habitability does not apply. Although the contamination did not constitute a casualty under the lease, there is still good reason to permit discovery over damages. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02580, Categories: landlord Tenant, Discovery
Per curiam, the appellate division finds that the lower court properly declined to dismiss a putative class action against a landlord for rent overcharges and violations of the Rent Stabilization Law. The law prohibits property owners from adjusting the rent until the end of a lease except as pursuant to guidelines. The landlord here may have violated the statute by inflating registered initial rents by offering prorated discounts in the guise of concessions. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02515, Categories: landlord Tenant
J. Baker finds that the trial court properly ruled in part in a suit concerning a tenant's claims that their landlord failed to return their security deposit. The trial court ordered the tenant to take nothing for their claims and awarded the landlord damages on their counterclaim of unpaid rent, late fees and attorney fees. While the trial court had the right to award the landlord attorney fees accrued during the trial phase, it lacked such authority when it awarded conditional appellant attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: May 9, 2024, Case #: 03-22-00483-CV, Categories: landlord Tenant, Attorney Fees
J. Watkins finds that the trial court improperly granted the landlord's motion for partial summary judgment as to liability in a dispossessory action against the tenant. The trial court failed to give the tenant notice of oral arguments requested by the landlord and incorrectly allowed the landlord to withdraw its request. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 8, 2024, Case #: A24A0370, Categories: Civil Procedure, landlord Tenant
Per curiam, the appellate division dismisses the tenant's appeal from a lower court order finding for the landlord on its claims for unpaid rent. The tenant's mental health services business was considered essential under the Covid-19 pandemic executive orders, so the guaranty law precluding enforcement of its commercial lease does not apply.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02494, Categories: landlord Tenant
J. McDonald finds the lower court properly upheld the utilities commission's denial of the apartment complex owner's request to use ratio utility billing, which apportions a certain amount to each tenant from a "master" meter at the property, to charge tenants for utility costs. Connecticut law prohibits billing tenants for utilities they did not use exclusively. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: May 2, 2024, Case #: SC20769, Categories: Energy, landlord Tenant
J. Hardin-Tammons finds that the lower court improperly granted the restaurant group's motion to set aside a default judgment in favor of the shopping plaza in a breach of lease action. The agent's testimony that he did not receive service of the complaint is insufficient to meet the "clear and convincing" standard necessary to impeach the valid sheriff's return. Reversed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: April 30, 2024, Case #: ED111960, Categories: Civil Procedure, landlord Tenant
J. Rickman finds that the trial court properly granted the company's motion for default in a dispossessory action against the tenant. The tenant failed to respond to the action within seven days of being served. The company's request for specific enforcement of a provision in the lease in addition to a writ of possession did not change the applicability of dispossessory laws or the company's obligation to timely answer. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: April 26, 2024, Case #: A24A0291, Categories: landlord Tenant
J. Traver finds the trial court improperly denied the tenants’ motion to reconsider and entered a final judgment in favor of the landlord in this eviction lawsuit. The tenants argue the total amount of rent due was wrong and they were entitled to a hearing on their motion to reconsider. The judgment of eviction is vacated and remanded to determine the correct amount of rent due. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: April 26, 2024, Case #: 6D23-2223, Categories: Civil Procedure, landlord Tenant, Damages
J. Jackson-Akiwumi finds that the lower court finds that the landlord's successor in interest is entitled to collect damages for unpaid rent from Saks, which guaranteed it would pay rent on a department store retail space if the tenant did not pay. Saks waived the right to present affirmative defenses to liability in the guaranty it signed. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 24, 2024, Case #: 23-1489, Categories: landlord Tenant, Contract
J. Gill finds the lower court improperly dismissed a tenant's claims for damages and attorney fees associated with an allegedly illegal eviction. A tenant was served with a five-day eviction notice by a landlord during a period when evictions were prohibited due to Covid-19. While the landlord eventually moved to dismiss its claim, the tenant’s counterclaims moved forward, but were dismissed on grounds that the Wisconsin Consumer Act did not apply to residential leases. But the instant court finds it does apply, as a residential lease is a consumer transaction, with the tenant as the customer. The matter is remanded to determine attorney fees owed to tenant’s counsel and to determine the amount of damages to be awarded to the tenant. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: April 23, 2024, Case #: 2022AP182, Categories: landlord Tenant, Damages, Attorney Fees
J. Moon grants the landlord's motion to dismiss negligence claims. A tenant suffering from multiple disabilities, including bipolar disorder, severe PTSD, depression, anxiety, and a cracked skull, acquired two service dogs that reduce the effects of her disabilities. The landlord told the tenant she could not have dogs resembling pit bulls, but she did not get rid of them because she needed them to manage her disability; they were not pit bulls, and her neighbors were not abiding by a “no pets” policy. Actionable negligence requires that there must be a legal duty, a breach of that duty and resulting injury that could have been reasonably foreseen by the exercise of reasonable care and under Virginia law, tort claims cannot be rooted in violation of a contractual duty.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: April 17, 2024, Case #: 3:24cv6, Categories: landlord Tenant, Tort, Negligence
J. Chuang grants a tenant’s motion for modification of the order of remand to require payment of actual expenses and attorney fees in this fair credit reporting and consumer protection dispute against a property manager and management company. The tenant became very ill and had to relocate due to growth of mold withholding rent and late fees. This case will proceed to trial soon in state court, but this court will retain jurisdiction only for confirming and awarding attorney fees and costs.
Court: USDC Maryland, Judge: Chuang, Filed On: April 16, 2024, Case #: 8:24cv452, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, landlord Tenant, Jurisdiction
J. Bredar grants a landlord’s motion to dismiss lease agreement dispute brought by a tenant who alleges the apartment had habitability issues and she opened a rent escrow action. The court finds this case should be dismissed for the tenant’s failure to effect service and she has been harassed in an attempt to collect a debt by sufficiently stating the claim. The motion for default judgment is granted in favor of the tenant, she needs to file an additional accounting brief.
Court: USDC Maryland, Judge: Bredar, Filed On: April 15, 2024, Case #: 1:23cv342, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, landlord Tenant, Consumer Law
Per curiam, the appellate division finds that the lower court properly granted the landlord $220,000 in a breach of lease dispute against a tenant. The tenant stopped paying rent in July 2020 and did not avail itself of the landlord's offer to relieve the tenant of its obligations under the lease if it surrendered the premises by October 15, 2020. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01976, Categories: 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 #: 1:23cv585, 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 #: 1:23cv587, NOS: Torts to Land - Real Property, Categories: Government, landlord Tenant
J. Kobayashi remands to state court a case brought by families against their landlords that 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 #: 1:23cv588, NOS: Torts to Land - Real Property, Categories: Environment, 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 #: 1:23cv584, NOS: Torts to Land - Real Property, Categories: Government, landlord Tenant