Eastern Carolina Regional Housing Authority v. Lofton (Lawyers Weekly No. 14-07-1166, 22 pp.) (Sam Ervin IV, J.) Appealed from Wayne County District Court (David Brantley, J.) N.C. App. Holding: Even though federal law would allow the plaintiff-landlord to evict the ...Read More »
Landlord/Tenant — Tenant Security Deposit Act – Remedies – Civil Practice – Class Action Application
Neil v. Kuester Real Estate Services, Inc. (Lawyers Weekly No. 14-07-1026, 29 pp.) (Linda Stephens, J.) Appealed from Watauga County Superior Court (Mark Powell, J.) N.C. App. Holding: The plaintiff-tenants’ misinterpretation of the Tenant Security Deposit Act leads them to ...Read More »
Landlord/Tenant — Civil Practice – Interlocutory Appeals – Commercial Lease – Sublease – Excess Rents – Res Judicata & Collateral Estoppel
Whitehurst Investment Properties, LLC v. Newbridge Bank (Lawyers Weekly No. 14-07-0980, 12 pp.) (Robert C. Hunter, J.) Appealed from Guilford County Superior Court (James Webb, J.) N.C. App. Holding: The denial of defendants’ motion to dismiss is an interlocutory order. ...Read More »
Landlord/Tenant – Implied Warranty of Habitability – Subject Matter Jurisdiction — Standing – Aggrieved Party
4U Homes & Sales, Inc. v. McCoy (Lawyers Weekly No. 14-07-0743, 21 pp.) (Ervin, Sam, J.) Appealed from Mecklenburg County District Court. (Ty Hands, J.) N.C. App. Holding: The district court lacked subject matter jurisdiction to hear the defendant’s appeal ...
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Landlord/Tenant – Commercial Lease – Jury Instructions – Materiality – Summary Ejectment – Witness’s Competence
GRE Properties Thomasville LLC v. Libertywood Nursing Center, Inc. (Lawyers Weekly No. 14-07-0750, 19 pp.) (Douglas McCullough, J.) Appealed from Davidson County District Court (April Wood, J.) N.C. App. Holding: Where the parties’ lease said that it could be terminated ...
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Monsanto Co. v. ARE-108 Alexander Road, LLC (Lawyers Weekly No. 14-03-0605, 20 pp.) (William Osteen Jr., J.) 1:10-cv-00898; M.D.N.C. Holding: Although a lease provided for the payment of attorneys’ fees to the prevailing party if either party sought legal services ...
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Florentz v. Gore (Lawyers Weekly No. 14-16-0586, 20 pp.) (Douglas McCullough, Ch. J.) (Martha Geer, J., dissenting) Appealed from Moore County Superior Court (Patrice Hinnant, J.) N.C. App. Unpub. Holding: The plaintiff-mother reported a mold issue to the defendant-landlord in ...
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Landlord/Tenant – Commercial Lease – Sublet Hotel – Tort/Negligence – Fraud – Unfair Trade Practices
Estate of Chambers v. Vision Two Hospitality Management, LLC The parties’ lease permits the plaintiff-landlords, at any time during the lease term, to inspect and examine the “premises during reasonable business hours,” and the landlords do not allege that defendants prevented them from exercising these inspection rights, nor do they allege that a reasonably diligent inspection would not have revealed the true condition of the leased premises.
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