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Landlord/Tenant – Commercial Lease – Jury Instructions – Materiality – Summary Ejectment – Witness’s Competence (access required)

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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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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