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Landlord/Tenant – Commercial Lease – Sublet Hotel – Tort/Negligence – Fraud – Unfair Trade Practices (access required)

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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Landlord/Tenant – Commercial Lease – Sublet Hotel – Tort/Negligence – Fraud – Unfair Trade Practices (access required)

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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Landlord/Tenant – Commercial Lease – Civil Practice – Res Judicata – Changed Circumstances – Rule 11 (access required)

Automotive Group, LLC v. A-1 Auto Charlotte, LLC Even though the plaintiff-landlord’s first ejectment action against the defendant-holdover tenant was dismissed because the landlord had accepted a rent check from the tenant, since the landlord subsequently returned each rent check it received from the tenant, the landlord’s new ejectment action was based on new circumstances and was therefore not barred by res judicata.

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Landlord/Tenant – Real Property – Mortgage Foreclosure – Protecting Tenants at Foreclosure Act — Attempted Lease Renewal (access required)

Federal National Mortgage Association v. McLean The Protecting Tenants at Foreclosure Act of 2009 requires the new owner of foreclosed property to give tenants notice to vacate 90 days before the end of their leases. Where the plaintiff-owner gave the defendant-tenant notice of the foreclosure and instructions to vacate the premises six months prior to the end of his lease, the owner complied with the statute.

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Labor & Employment – Civil Rights – Race Discrimination Claim – Summary Judgment – Unsworn Allegations (access required)

Campbell v. Enterprise Holdings, Inc. Even though the African-American plaintiff alleges that he outperformed his white peers, was denied promotions, and was fired based on false allegations, he has not responded with a forecast of evidence to counter defendant’s forecast of evidence that plaintiff was warned multiple times for multiple work issues and that he was fired for insubordination and possible unethical behavior.

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Labor & Employment – Public Employees – REDA Claim – Sheriff – Sovereign Immunity – Insurance (access required)

White v. Cochran Where the defendant-sheriff purchased a bond as required by G.S. § 162-8, and where the surety has been joined as a party, the sheriff has waived sovereign immunity to the extent of the amount of the bond. Where the county purchased liability insurance which provides coverage to the sheriff, the sheriff’s sovereign immunity was also waived to the extent of the insurance coverage.

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Landlord/Tenant – Implied Warranty of Habitability – Mold – Opportunity to Remediate (access required)

McCall v. Norman The defendant-tenants made several oral complaints about mold to the plaintiff-landlords in July 2008; the landlords did not respond until the tenants made a written complaint in August 2008. The landlords inspected the rental home and claimed to see no evidence of mold. Although the tenants started sleeping elsewhere, they did not completely vacate the home until October. Contrary to the landlords’ argument, they had a reasonable opportunity to remediate the mold infestation.

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Landlord/Tenant – Commercial Lease – Excess Rents – Mortgages – Assignment in Lieu of Foreclosure (access required)

Newbridge Bank v. Kotis Holdings, LLC Although a restaurant-tenant’s construction loan was secured by a deed of trust that required any excess rents (from any future tenant) to be paid to the bank, once the bank accepted a lease assignment in lieu of foreclosure and cancelled its deed of trust, the lease’s excess rents clause came back into effect and required that excess rents from the new tenant be paid to the landlord.

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Landlord/Tenant – Commercial Lease – Real Property – Right of First Refusal – Rule Against Perpetuities – Connor Act (access required)

New Bar Partnership v. Martin The common-law rule against perpetuities applies to and bars the 35-year right of first refusal that arose in 1993 according to the plaintiff-tenant’s commercial lease.

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