McDonald’s Corp. v. Five Stars, Inc. (Lawyers Weekly No. 10-16-1110, 13 pp.) (Cheri Beasley, J.) Appealed from Hoke County Superior Court. (Kenneth C. Titus, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Even though the “Joint Development Addendum” executed at the same time as the parties’ sublease said that [...]
Gayatri Maa, Inc. v. Terrible T. LLC. Even though the plaintiff-landlord did not cash the defendant-tenant's checks while the tenant was mistakenly paying rent at the previous year's rate, since the landlord held the checks for 5 months before returning them the tenant, the landlord waived its option of re-entry upon default.
Woodridge Homes Ltd. Partnership v. Gregory. (Lawyers Weekly No. 10-07-0695, 24 pp.) (Sam Ervin IV, J.) Appealed from Gaston County District Court. (John K. Greenlee, J.) N.C. App. Holding: A tenant’s series of minor breaches of her lease did not give the landlord the right to terminate the lease; hence, the landlord’s continued acceptance of [...]
Taylor v. Batts. (Lawyers Weekly No. 10-16-0037, 10 pp.) (Donna S. Stroud, J.) Appealed from Wilson County Superior Court. (Ripley E. Rand, J.) N.C. App. Unpub. Holding: Neither the city inspector nor the plaintiff-tenant noticed the rotted state of the bedroom floor until plaintiff fell through it. Since the defendant-landlord had no notice of the [...]
Worship Ventures of Arks, L.L.C. v. Judd Ministries, Inc. (Lawyers Weekly No. 09-16-1036, 12 pp.) (Rick Elmore, J.) Appealed from Wake County Superior Court. (A. Leon Stanback Jr. & Orlando F. Hudson Jr., JJ.) N.C. App. Unpub. Holding: Although the tenant-church alleges that the landlord breached the parties’ lease by failing to fulfill its promise [...]
United States Postal Service v. Nixon. (Lawyers Weekly No. 09-04-0857, 9 pp.) (David C. Keesler, USMJ) W.D.N.C. Holding: Even though the parties entered into a new lease before the old lease expired, since the new lease’s term did not begin until the old lease expired, the new lease did not cancel any part of the [...]
Worthy v. Ivy Community Center, Inc. (Lawyers Weekly No. 09-07-0703, 19 pp.) (Martha A. Geer, J.) Appealed from Durham County Superior Court. (J.B. Allen Jr., J.) N.C. App. Holding: Although plaintiffs did not produce a lease listing them as tenants, plaintiffs presented enough evidence that the landlord knew they were living in the apartment so [...]
Fairway Outdoor Advertising v. Edwards. (Lawyers Weekly No. 09-07-0595, 16 pp.) (Donna S. Stroud, J.) Appealed from Cabarrus County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Holding: When a lease grants the lessee the right to remove “all structures, equipment and materials” but does not require the lessee to remove all of them or [...]
