12 results for 'cat:"Landlord Tenant" AND cat:"Jurisdiction"'.
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. 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
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J. Silva grants the condominium's motion to dismiss this landlord-tenant action. The tenant, who alleges issues with housing conditions, improperly evokes the Fair Housing Act and fails to demonstrate federal jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: January 5, 2024, Case #: 2:23cv1690, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, landlord Tenant, jurisdiction
J. Brown denies remand to a private landowner in coastal Louisiana that seeks to evict a natural gas pipeline company and removal of its pipelines after a 20-year lease agreement expired. The 15,000-acre landowner, which also issues annual fishing and hunting permits, unsuccessfully argues that because the tenant’s annual rent was only $2,500, it would take 30 years of nonpayment of rent to reach the $75,000 minimum for federal jurisdiction. The ruling finds the landowner’s proposed annual rent of $6,000 with periodic increases is more appropriate; raising the disputed minimum of the 20-year lease to at least $120,000. The energy company says it would cost at least $75,000 to remove its pipelines and equipment.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: November 16, 2023, Case #: 2:23cv04989, NOS: Rent Lease & Ejectment - Real Property, Categories: Energy, landlord Tenant, jurisdiction
J. Miller finds the trial court properly entered a final default judgment against the tenant in a commercial eviction lawsuit it faces from its landlord's successor. Though it perhaps could have been dubbed a "partial final judgment," the judgment challenged did not purport to dismiss all counts in the lawsuit, just the first count, so the trial court still had jurisdiction to award damages in accordance with the second count despite the tenant's arguments. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: September 6, 2023, Case #: 23-0061, Categories: landlord Tenant, jurisdiction