The plaintiff-landlord asserts that the cause of the mold and the foul smell in the defendant-tenant’s jewelry story was a water leak from the adjacent restaurant between two interior walls of the building and was thus beyond the landlord’s obligation ...

Tagged with: Commercial Lease Landlord/Tenant

Plaintiff allege defendants breached a commercial lease agreement and guaranty. After defendant lost its authorization to conduct post-secondary instruction, it ceased operations, vacated the leased premises, and stopped paying rent. Because the lease permitted defendant to use the premises for ...

Tagged with: Commercial Lease

Even though the reciprocal attorneys’ fee statute, G.S. § 6-21.6, only went into effect on Oct. 1, 2011, since defendants signed their lease – which includes a reciprocal attorney’s fee provision – and guaranty on Oct. 3, 2011, and plaintiffs‘ ...

Tagged with: Commercial Lease

We affirm the ruling of the Business Court (Although no one noticed it until 2014, there is a clear inconsistency in the parties’ 1990 lease, which says it has an initial term of five years beginning Jan. 1, 1990, and ...

Tagged with: Commercial Lease

Jiangmen Kinwai Furniture Decoration Co. Ltd. v. IHFC Properties, LLC (Lawyers Weekly No. 003-018-17, 26 pp.) (N. Carlton Tilley Jr., S.J.) 1:14-cv-00689; M.D.N.C. Holding: As permitted by the parties’ lease, the defendant-landlord assigned the plaintiff-tenant a new space for the ...

Tagged with: Commercial Lease

Morrell v. Hardin Creek, Inc. (Lawyers Weekly No. 011-247-17, 30 pp.) (Robert Hunter Jr., J.) (Philip Berger Jr., J., dissenting) Appealed from Watauga County Superior Court (William Coward, J.) N.C. App. Holding: The parties’ lease says that the landlord and ...

Tagged with: Commercial Lease

Friday Investments, LLC v. Bally Total Fitness of the Mid-Atlantic, Inc. (Lawyers Weekly No. 011-222-17, 26 pp.) (John Tyson, J.) (Rick Elmore, J., dissenting) Appealed from Mecklenburg County Superior Court (Forrest Bridges, J.) N.C. App. Holding: A guaranty is separate ...

Tagged with: Commercial Lease

Vogler Reynolda Road, LLC v. SCI North Carolina Funeral Services, Inc. (Lawyers Weekly No. 020-038-17, 35 pp.) (James Gale, C.J.) 2017 NCBC 28 Holding: Although no one noticed it until 2014, there is a clear inconsistency in the parties’ 1990 ...

Tagged with: Commercial Lease

King Fa, LLC v. Chen (Lawyers Weekly No. 011-228-16, 11 pp.) (Linda Stephens, J.) Appealed from Forsyth County District Court (Theodore Kazakos, J.) N.C. App. Holding: This appeal was taken in the name of a limited liability company that was ...

Tagged with: Commercial Lease Real Party in Interest

Jiangmen Kinwai Furniture Decoration Co. v. IHFC Properties, LLC (Lawyers Weekly No. 15-03-1043, 16 pp.) (Catherine Eagles, J.) 1:14-cv-00689; M.D.N.C. Holding: The parties’ furniture showroom lease gave the defendant-landlord broad discretion to relocate the plaintiff-tenant, and the tenant has not ...

Tagged with: Commercial Lease