Havelock Yacht Club, Inc. v. Crystal Lake Yacht Club, Inc. Where the plaintiff-landlord terminated a lease and sought to eject the defendant-tenant from the premises, summary judgment was properly granted to the landlord since the tenant’s affidavits did not create a genuine issue of material fact regarding the validity of the landlord’s termination of the lease.
McCall v. Norman Where the trial court’s order simply states that, “by the greater weight of the evidence,” the plaintiff-landlords had failed to prove their claims for past rent and damages and the defendant-tenants had proven their counterclaims for damages to personal property, negligence, and breach of the warranty of habitability, the trial court’s order does not meet the requirements of N.C. R. Civ. P. 52(a)(1), and appellate review is not possible.
Henry James Bar-Be-Que, Inc. v. Gilmore. A lease provision prohibited the plaintiff-tenant from subletting the premises without the landlord's permission, but the tenant did so anyway. Where the . . .
Santos v. Briones. The evidence presented at trial of unpaid rent was within the issues raised by the pleadings, therefore; the trial court did not err in admitting such evidence. The trial court's finding that . . .
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 [...]
