Even though the defendant-tenant was in default on the parties’ lease due to the tenant’s failure to pay April and May 2020 rent as of May 2020, the plaintiff-landlords waived their right to possession of the leased premises by accepting ...
Read More »Landlord/Tenant — Commercial Lease – Default – Waiver – Acceptance of Rent
Landlord/Tenant — Summary Ejectment – Month-to-Month Lease – Notice 
The record indicates that the parties had a month-to-month tenancy, that the plaintiff-landlord provided timely notice of termination, and that the defendant-tenants held over after the lease was properly terminated. The tenants attempted to explain the history of their unsuccessful ...
Read More »Landlord/Tenant — Summary Ejectment – Partnership – House Flippers – Romantic Relationship 
From the parties’ evidence about their business arrangement—plaintiff bought houses and defendant renovated them for resale—and about their on-again, off-again romantic relationship, the trial court could find that defendant was living at a Winston-Salem property owned by plaintiff as plaintiff’s ...
Read More »Landlord/Tenant – Public Housing – Eviction Notice – Specific Conduct 
After complaints from the defendant-tenant’s neighbors, the plaintiff-housing authority sent defendant an eviction notice that cited the peaceful-enjoyment provision of the defendant-tenant’s lease. However, since that provision encompasses a broad range of conduct, and since some of that ...
Read More »Landlord/Tenant – Commercial Lease – Renewal Option – Time to Exercise – Typo 
A commercial lease gave the defendant-tenant the option to extend the lease “by giving Landlord prior written notice, at least six (6) months in advance of Expiration Date, or Tenant’s election to extend the term; it being agreed that time ...
Read More »Landlord/Tenant – Commercial Ground Lease – Subordination Duty – Amendments – ‘Improvement & Development’ 
The parties amended their ground lease to require the defendant-landlord to subordinate its interest to the plaintiff-tenant’s lender, so long as the amount to be subordinated does not exceed a 60 percent loan-to-value ratio. Contrary to the tenant’s contention, this ...
Read More »Landlord/Tenant – Airport Hangar Lease – Breach of Contract – Tortious Interference with Contract 
Plaintiffs allege that their two hangar lease agreements with the defendant-city are month-to-month leases. Under G.S. § 42-14, a monthly tenancy may be terminated by a notice to quit given seven days or more before the end of the current ...
Read More »Landlord/Tenant – Section 8 Housing – Lease Breaches – Rent Increase – Failure to Pay – Unfair Trade Practices Claim 
Since the term of the parties’ federally-subsidized lease is automatically renewed (absent the defendant-tenant’s breach of or election to terminate the lease), the plaintiff-landlord’s continued acceptance of rent from the tenant did not waive its claim that the tenant had ...
Read More »Landlord/Tenant – Holdover Tenancy – ‘Applicable’ Lease Terms – Right of First Refusal – First Impressio 
Upon appeal of a Court of Appeals’ opinion upholding summary judgment for a landlord and new owners, we affirm the Court of Appeals’ decision (Although the parties’ written lease gave the plaintiff-tenants a right of first refusal if the ...
Read More »Landlord/Tenant – Commercial Lease – Renewal Option – Time to Exercise – Typo 
A commercial lease gave the defendant-tenant the option to extend the lease “by giving Landlord prior written notice, at least six (6) months in advance of Expiration Date, or Tenant’s election to extend the term; it being agreed that time ...
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