90 results for 'cat:"Landlord Tenant" AND cat:"Contract"'.
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. Goldman finds the lower court properly rendered judgment against a property owner in this contract dispute. A business and a property management company entered into a letter of intent to lease a property. The business paid double rent for a period of 20 months to hold the property vacant while it sought a permit to operate a cannabis dispensary. The letter of intent stated that once the permit was obtained, the owner would transfer possession of the property to the business so that it could operate the dispensary; but once the permit was obtained, the owner refused claiming he would never have agreed to lease to a cannabis dispensary. A settlement was reached via mediation, but the property owner later refused to sign the formal agreement. The lower court found the mediated term sheet to be an enforceable agreement, and judgment was rendered against the owner who was ordered to pay the business $1.6 million per the terms of the agreement. The instant court reverses the award of prejudgment interest in the amount of $55,671, but otherwise agrees with the lower court's findings. Affirmed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 28, 2024, Case #: A166242, Categories: landlord Tenant, Real Estate, contract
J. Nunley awards $1.6 million in attorney fees to a cinema following its successful contract action against a shopping center. The requested $2.2 million in fees is lowered based, in part, on a reduction in requested hourly rates for the attorneys and legal staff.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 26, 2024, Case #: 2:16cv1066, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, Attorney Fees, contract
J. Young denies the tenant's motion to dismiss the breach of contract claims. The tenant, leasing a warehouse, hired a company to repave the floor. The pavement company cut corners and produced a floor full of cracks. The contract claims can proceed because the landlords showed that any alterations to the property required preapproval.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 21, 2024, Case #: 3:23cv479, NOS: Other Contract - Contract, Categories: Construction, landlord Tenant, contract
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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
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. 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. 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. 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. Thumma finds a lower court properly dismissed a landlord's contract claims against two tenants. The landlord argued that she was entitled to make deductions from the tenants security deposit. However, the tenants presented sufficient evidence in court that they were not obligated to turn over an itemized list of deductions in order to receive their deposit, and that the landlord "wrongfully withheld" the money from them. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: January 25, 2024, Case #: 1 CA-CV 22-579, Categories: landlord Tenant, contract
J. Buller finds that restaurant owners were improperly ordered to pay attorney fees after being sued for failing to pay the lease and damages to property they had vacated because the language of the indemnity provision in the parties' contract did not clearly demonstrate intent to shift fees to the owners in the event of a dispute. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-0231, Categories: landlord Tenant, Attorney Fees, contract
J. Cabret finds the superior court properly granted summary judgment to the property owner in the tenants' lawsuit attempting to gain title to the owner's property through adverse possession after having lived there rent-free for more than 15 years because they could not locate the owner to pay rent while he was away on military service and did not know the property was occupied. In part because of the disrepair of the property from damages sustained from Hurricane Hugo in 1989, the fact that the tenants began living in the property in the 1970s as permissive tenants, and the tenants have not proven the required hostility factor for their adverse possession claim, the superior court's order stands. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: January 18, 2024, Case #: 2024 VI 7, Categories: landlord Tenant, contract
J. Ray denies, in part, a grocery store's motion for summary judgment in a lease agreement dispute concerning the replacement of an HVAC system. Although the agreement explicitly says the grocery store, as tenant, is not responsible for the replacement, the lease is ambiguous whether the landlord must replace the system.
Court: USDC Northern District of Texas , Judge: Ray, Filed On: January 17, 2024, Case #: 4:22cv980, NOS: Other Contract - Contract, Categories: landlord Tenant, 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