34 results for 'cat:"Landlord Tenant" AND cat:"Property"'.
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. 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
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
[Corrected.] J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 20, 2024, Case #: 2023-CA-0644, Categories: landlord Tenant, property
J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 19, 2024, Case #: 2023-CA-0644, Categories: landlord Tenant, property
J. Pirtle finds the county court properly found in favor the tenant. Though the court granted the tenant replevin, ruling in favor of the trespass claims, it also dismissed his unlawful eviction claim, as well as the landlord's counterclaim for unpaid rent. The landlord's appeal failed to conform to rules of appellate procedure, and plain error review shows the record supports the conclusion the landlord did not legally possess the property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-263, Categories: Evidence, landlord Tenant, property
J. Maxa finds that the lower court improperly issued a writ of restitution in favor of a subsidized housing facility that gave the facility possession of a tenant's apartment after it claimed he breached his lease. In order for such an order to comply with the CARES Act, the landlord has to give the tenant 30 days to vacate the property. The landlord here gave the tenant four different 10-notices and therefore did not fully comply with the language of the CARES Act. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 9, 2024, Case #: 58118-3-II, Categories: landlord Tenant, property
J. Jones finds that the trial court properly ruled against a property manager whose motion for joinder and a new trial was denied in a case arising from a tenant's lawsuit against their landlord for allegedly wrongfully withholding their security deposit. After the trial court ruled in favor of the tenant, the property manager filed his motions that were subsequently overruled. The judgment issued against the landlord is not also bound to the property manager. Therefore, he cannot seek relief for a judgment not issued against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: December 29, 2023, Case #: 03-21-00556-CV, Categories: landlord Tenant, property, Enforcement Of Judgments
J. Manglona finds an investment company owes $766,000 in unpaid rent, attorney fees and other costs to the lumber company. The investment company did not pay rents for over one year and the lumber company did not constructively evict it from the warehouse property as it was still allowed access onto the property.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: August 25, 2023, Case #: 1:21cv27, NOS: Rent Lease & Ejectment - Real Property, Categories: landlord Tenant, property, Attorney Fees
J. Theofanis finds that the trial court improperly ruled against a tenant in a forcible detainer suit filed against her by an apartment complex. After the trial court ruled to force the tenant off the premises, she appealed, arguing that the apartment complex had not complied with statutory requirements to notify her to leave the property. The apartment complex did not give timely notice, thus rendering the trial court’s decision improper. Reversed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 17, 2023, Case #: 03-22-00070-CV, Categories: landlord Tenant, property, Housing
J. Funke finds the district court properly found in favor of the officer and former director of the commercial tenant against whom a judgment was entered for nonpayment of rent, and who has since failed or refused to pay. The parties, who are not shareholders, have shown that they did not have decisionmaking authority within the commercial entity at the times of incorporation, execution of the lease or exercise of the lease option. They had also never received property or compensation from the corporation. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: August 4, 2023, Case #: S-22-610, Categories: landlord Tenant, property
J. Markman finds that the trial court properly found in favor of the property owner in an unlawful retainer action. The new owner of the residential rental property has served tenants with eviction notices in order to make private use of the property and has proven compliance with all state and local requirements to withdraw the property from the rental market. The tenant has failed to raise a triable issue of material fact. Affirmed
Court: California Courts Of Appeal, Judge: Markman , Filed On: July 26, 2023, Case #: A164531, Categories: landlord Tenant, property
J. Hollander partially denies a group of real estate owners’ motion to dismiss allegations of unfair debt collection and violations of consumer protections brought by a class of renters. The renters argue that the group wrongfully pursued more than 6% interest on rent debt and automatically raised rents with lease renewals. According to state law, landlords cannot charge more than 6% interest on rent. Also, the group unfairly charged renters who did not give two months’ notice of their intent to move an extra month’s rent.
Court: USDC Maryland, Judge: Hollander, Filed On: July 19, 2023, Case #: 1:22cv3228, NOS: Consumer Credit - Other Suits, Categories: landlord Tenant, property, Consumer Law
J. Crothers finds that the district court improperly entered a judgment evicting a tenant from possession of an apartment for debts accrued under two leases. The court remands for the lower court to determine if the apartment owner was entitled to a judgment of eviction on the basis of a failure to pay rent under an expired January lease. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: July 7, 2023, Case #: 2023ND123, Categories: landlord Tenant, property
J. Maddox recommends granting a renewed motion for judgment by default brought by a tenant who sued her landlord, a firm, and its holding company after discovering the property where she lived was not licensed as a rental. Previously, the tenant had not specified the damages she was seeking, but has done so presently, and the firm and company have not responded. An award of more than $120,000 in economic and non-economic damages is recommended in favor of the tenant.
Court: USDC Maryland, Judge: Maddox, Filed On: July 6, 2023, Case #: 1:21cv947, NOS: Consumer Credit - Other Suits, Categories: landlord Tenant, property, Consumer Law