Please ensure Javascript is enabled for purposes of website accessibility
Home (page 3)

Tag Archives: Landlord/Tenant

Landlord/Tenant – Residential Lease – Uninhabitable Apartment – Damages – Rent Abatement

REMI ex rel. Izquierdo v. Tyrone Even though the defendant-tenant contended that she and her children developed health problems due to the black mold infestation in their apartment, her testimony and medical bills were insufficient to prove that the medical bills resulted from the black mold infestation. Expert medical evidence was required; without it, the trial court should not have awarded the tenant damages based on the medical bills.

Read More »

Landlord/Tenant – Commercial Lease – Fish Ponds – Breach of Contract – Damages – Material Terms

Allison v. Davidson Any connection between the defendant-landlord’s interference with the plaintiff-tenant’s fishing operation and an award of damages for lost profits for the remaining 13 years of the lease was far too speculative to support an award of several hundred thousand dollars in damages. The landlord is entitled to a new trial on the issue of damages.

Read More »

Tort/Negligence – Landlord/Tenant – Inter-Tenant Dispute & Attack – Foreseeablity – Failure to Screen or Evict — Premises Liability

Davenport v. D.M. Rental Properties, Inc. Although a landowner has a duty to exercise reasonable care to protect tenants from foreseeable third-party criminal acts, we have never extended that duty to include the duty to evict a tenant. In any event, the attack by one tenant on another in this case was not foreseeable, given the previously cordial nature of their relationship.

Read More »

Real Property – Fixtures – Landlord/Tenant – Commercial Lease – Paint Booth – Civil Practice – JNOV

Johnson v. Lynch The lease between the parties’ predecessors provided that fixtures would belong to the landlord unless the original tenant exercised an option to purchase the land. Since the original tenant did not buy the land, the fixtures became the property of plaintiff, the original landlord’s heir. We affirm the trial court’s grant of judgment notwithstanding the verdict to the plaintiff-lessor.

Read More »

Attorneys – Tort/Negligence – Legal Malpractice – Landlord/Tenant – Commercial Leases – S.C. Tax Law

Marion Partners, LLC v. Weatherspoon & Voltz, LLP Hiring a lawyer did not relieve the plaintiff-landlords of the duty to read their lease, especially when the lawyer asked them to read the lease and told them changes had been made. We affirm summary judgment for defendant.

Read More »

Landlord/Tenant – Commercial Lease – Tenant’s Employee – Personal Injury – Premises Safety Liability

Hylton v. Hanesbrands, Inc. When a manufacturer leased property to a tenant so the tenant could provide power to the manufacturer, the lease provisions did not give the manufacturer authority over safety on the leased property. We affirm summary judgment for the defendant-landlord.

Read More »

Landlord/Tenant – Civil Practice – Summary Judgment – Unverified Answer – Counterclaim Dismissal

Nasser v. Dynamic Images Salon & Spa, Inc. Where the defendant-tenant’s answer and counterclaims were not verified, the trial court did not err by failing to consider the allegations set forth therein when the court decided the plaintiff-landlord’s motion for summary judgment. We affirm summary judgment for the landlord on his claims. However, we vacate the trial court’s dismissal of the tenant’s counterclaims.

Read More »

Landlord/Tenant – Lease Termination – Affidavits – Ejectment – Corporate – De Facto Officer

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.

Read More »

Landlord/Tenant – Civil Practice – Rule 52 – Insufficient Findings – Back Rent – Habitability

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.

Read More »

Real Property – Landlord/Tenant – Tort/Negligence — Third-Party Injury – No Notice to Landlord

Martin v. Kilauea Properties, LLC The defendant-landlord is not liable for the injuries a guest suffered when she fell through the wooden deck of her friend’s apartment. The landlord had no notice of the unsafe condition, which had been revealed when the tenant’s fiance removed a planter that had been left by the previous lessee. We affirm summary judgment for the landlord.

Read More »