Where the parties’ lease had, at most, two years and eight months to run, the rescission of the lease was not required to be in writing under the Statute of Frauds. We vacate judgment for the plaintiff-landlord and remand for ...

Tagged with: Landlord/Tenant

Although North Carolina’s General Assembly may not retroactively revoke or amend a cause of action that rests upon or grows out of the principles of common law, the prohibition on landlords charging a tenant default-related fees was purely statutory. The ...

Tagged with: Landlord/Tenant

Where the defendant-landlord did not inspect the pipes in his rental house’s crawlspace before the plaintiff-tenant moved in in 2006, nor at any time during the tenancy, it is for a jury to decide whether the landlord was negligent in ...

Tagged with: Landlord/Tenant

Even though, during defense counsel’s vacation, her staff failed to realize that this summary ejectment matter had been added to an amended calendar, since the attorney received the calendar including the hearing in this matter, the defendant-tenant received actual notice ...

Tagged with: Landlord/Tenant

  Defendants who prevail in an action in small claims court can’t bring any compulsory counterclaims that would exceed that court’s jurisdictional limit via an appeal since another avenue for relief already exists, the North Carolina Court of Appeals has ...

Tagged with: Landlord/Tenant

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

LCA Development, LLC v. WMS Management Group, LLC (Lawyers Weekly No. 012-133-16, 8 pp.) (Chris Dillon, J.) Appealed from Pitt County Superior Court (Alma Hinton & Marvin Blount III, JJ.) N.C. App. Unpub. Holding: Even if the defendant-property manager was ...

Tagged with: Landlord/Tenant

Henderson v. Garcia Motorrad, LLC (Lawyers Weekly No. 012-132-16, 18 pp.) (Linda McGee, C.J.) Appealed from Wake County Superior Court (Shannon Joseph, J.) N.C. App. Unpub. Holding: Where one tenant in common leased land to commercial lessees, and where there ...

Tagged with: Landlord/Tenant

Elderberry of Weber City LLC v. Living Centers – Southeast Inc. (Lawyers Weekly No. 15-01-0733, 23 pp.) (Gregory, J.) No. 13-2176, July 21, 2015; USDC at Lynchburg, Va. (Moon) 4th Cir. Holding: In this litigation involving a nursing home lease, ...

Tagged with: Landlord/Tenant

Stines v. Carter (Lawyers Weekly No. 15-16-0373, 15 pp.) (Martha Geer, J.) Appealed from Buncombe County District Court (J. Calvin Hill, J.) N.C. App. Unpub. Holding: One month after the defendant-tenant was summarily ejected, a fire marshal’s report detailed numerous ...

Tagged with: Landlord/Tenant