Justia Landlord - Tenant Opinion Summaries
Eddy v. Anderson
In this case, after defendants (tenants) were sued for collection of unpaid rent, they alleged a counterclaim for damages under ORS 90.360(2) on the ground that plaintiffs (landlords) had not maintained the premises in a habitable condition. The trial court dismissed that counterclaim, reasoning that tenants had failed to provide landlords with written notice of the alleged violation and had acted with “unclean hands.” The Court of Appeals affirmed on somewhat different grounds, concluding that, in light of the trial court’s findings, tenants had failed to act in good faith for purposes of ORS 90.130 and that their counterclaim was therefore barred. The Oregon Supreme Court reversed, finding that neither ORS 90.360(2) nor ORS 90.370 required written notice as a prerequisite for a tenant’s counterclaim under ORS 90.360(2). The trial court’s contrary view was erroneous. Moreover, the Supreme Court found the record from the hearing demonstrated that the trial court relied heavily on its erroneous understanding that written notice was required when it determined that tenants had not acted in good faith for purposes of ORS 90.130. Because it could not conclude that the trial court would have reached the same conclusion as to good faith even if it had correctly applied ORS 90.360(2), the matter was remanded to the trial court for further proceedings. View "Eddy v. Anderson" on Justia Law
Constellation-F, LLC v. World Trading 23, Inc.
This case arose when Constellation filed an unlawful detainer action against World Trading, which Constellation then converted to a damages action against World Trading and World Tech Toys for breach of contract. Constellation sought damages for past-due rent, late fees, interest, failure to maintain and repair, costs incurred by not being able to use the premises, and holdover rent. The Court of Appeal held that the trial court erred by ruling that the commercial holdover provision was an unlawful penalty. Rather, the commercial holdover provision was valid and Constellation was entitled to enforce it against World Trading. The court upheld the trial court's finding that World Tech was not jointly and severally liable as an alter ego of World Trade and remanded Constellation's estoppel and agency arguments for the trial court to decide. The court directed the trial court to include the $1,000 sanctions in the final judgment. The court otherwise affirmed the judgment and dismissed World Trading and World Tech's cross-appeal. View "Constellation-F, LLC v. World Trading 23, Inc." on Justia Law
G4, LLC v. Pearl River County Board of Supervisors
G4, LLC, entered into a lease in 2009 with the City of Picayune, Mississippi, for land on the grounds of the Picayune Municipal Airport. After the Pearl River County Board of Supervisors assessed ad valorem taxes on the leased land, G4 paid the taxes under protest and petitioned the Board for a refund and for a refund of taxes it had paid on lots in the Tin Hill subdivision. The Board denied G4’s petition, and G4 appealed to the Circuit Court of Pearl River County, which affirmed. G4 appealed, asserting that, according to the Mississippi Supreme Court’s decision in Rankin County Board of Supervisors v. Lakeland Income Properties, LLC, 241 So. 3d 1279 (Miss. 2018), it was automatically exempt from paying ad valorem taxes on the airport property. The Supreme Court agreed, reversed and remanded the circuit court’s decision that affirmed the Board’s refusal to refund the airport property taxes. The Court affirmed the circuit court’s decision that G4 was not entitled to a refund of taxes paid on the Tin Hill subdivision lots. View "G4, LLC v. Pearl River County Board of Supervisors" on Justia Law
Gustafson v. Poitra, et al.
Linus and Raymond Poitra appeal the district court judgment of eviction. The Poitras argue the district court erred by exercising jurisdiction over this matter, and by sending a North Dakota law enforcement officer onto the reservation to evict tribal members from property within the Turtle Mountain Reservation. The North Dakota Supreme Court determined the Poitras did not meet their burden under either "Montana" exception, and did not explain how a district court was divested of subject matter jurisdiction to grant a judgment of eviction. The district court judgment was therefore affirmed. View "Gustafson v. Poitra, et al." on Justia Law
Skydive Myrtle Beach v. Horry Cty.
Horry County, South Carolina filed an action in magistrates court to eject Skydive Myrtle Beach, Inc., from a hangar at the Grand Strand Airport in North Myrtle Beach. The magistrates court found Skydive did not have any right to occupy the hangar. The circuit court affirmed the ejection. Skydive appealed to the court of appeals, which dismissed the appeal on the ground it was moot. The South Carolina Supreme Court granted Skydive's petition for a writ of certiorari and reversed, finding the appeal was not moot. However, on the merits, the Supreme Court agreed with the magistrates court and the circuit court that Skydive had no right to occupy the hangar. Thus, the Supreme Court affirmed the circuit court. View "Skydive Myrtle Beach v. Horry Cty." on Justia Law
Oak Grove Marketplace, LLC v. Lamar County School District
The lessee of commercially used Sixteenth Section Land sought to prevent the leasing school board from adjusting the annual rent outside the time constraints of the lease. While the terms of the lease appeared to contain a clear time restriction within which the Board did not act, the Mississippi Supreme Court determined the restriction could not be enforced. The restriction ran contrary to the statutory requirement that rent “shall be adjusted not less than once every ten (10) years . . . .” Miss. Code Ann. sec. 29-3-69 (Rev. 2010). Further, a school board’s duty as trustee to assure adequate consideration is received based on current fair market value of the Sixteenth Section Land cannot be waived, even by mutual agreement in a contract. For those reasons, the Supreme Court concluded the chancellor did not err by denying the lessee’s motion for a declaratory judgment that the school board was precluded from adjusting the rent based on the time restrictions in the lease. View "Oak Grove Marketplace, LLC v. Lamar County School District" on Justia Law
ENA North Beach, Inc. v. 524 Union Street
Hong, the president of ENA, sought to open a restaurant with a license to serve beer and wine in a building owned by 524 Union, which had housed restaurants for many years. After leasing the premises, ENA was unable to open because the San Francisco Planning Department determined that an existing conditional use authorization for the property was no longer effective and a new one could not be granted. ENA sued the lessors, claiming false representations and failure to disclose material facts regarding the problems with the conditional use authorization. A jury awarded ENA compensatory and punitive damages. The court of appeal held that the jury’s verdict on liability, including liability for punitive damages, is supported by substantial evidence. Hong’s testimony was substantial evidence supporting the jury’s verdict. Additional support was provided by evidence of email correspondence around the time Hong entered the lease. The trial court employed an improper procedural mechanism in reducing the amount of the punitive damages award but the jury award was unsupported and Hong effectively stipulated to the reduced amount. View "ENA North Beach, Inc. v. 524 Union Street" on Justia Law
Francis v. Kings Park Manor, Inc.
The Second Circuit held that a landlord may be liable under the Fair Housing Act (FHA) for intentionally discriminating against a tenant who complains about a racially hostile housing environment that is created by and leads to the arrest and conviction of another tenant. In this case, the landlord allegedly refused to take any action to address what it knew to be a racially hostile housing environment created by one tenant targeting another, even though the landlord had acted against other tenants to redress prior, non‐race related issues. In holding that a landlord may be liable in those limited circumstances, the court adhered to the FHA's broad language and remedial scope. The court also held that post-acquisition claims that arise from intentional discrimination are cognizable under section 3604 of the FHA. Accordingly, the court vacated the district court's dismissal of plaintiff's claims under the FHA and analogous New York State law, as well as his claims under 42 U.S.C. 1981 and 82. The court remanded for further proceedings. View "Francis v. Kings Park Manor, Inc." on Justia Law
Rencher/Sundown LLC v. Pearson
At issue in this appeal was a district court’s dismissal of Rencher/Sundown LLC’s (“Sundown”) complaint against Butch Pearson. The Idaho Supreme Court determined Sundown did not serve the complaint or summons within the six months required by Idaho Rule of Civil Procedure 4(b)(2); Pearson moved to dismiss the complaint. The district court dismissed Sundown’s complaint after finding Sundown could not show good cause for failure to timely serve. The Supreme Court affirmed dismissal of Sundown's complaint. View "Rencher/Sundown LLC v. Pearson" on Justia Law
United Artists Theater Circuit, Inc. v. Regional Water Quality Control Board, San Francisco Region
Under Water Code section 13304, a prior owner of property may be required to participate in the cleanup of wastes discharged from its property that resulted in groundwater contamination if that person “caused or permitted” the discharge. The San Francisco Regional Board named UATC in a cleanup order addressing waste discharges from dry cleaning operations at a shopping center owned by UATC in the 1960s and 1970s. The court of appeal reversed, in favor of the Board. The knowledge component of the statutory element of “permitted” focuses on the landlord’s awareness of a risk of discharge: a prior owner may be named in a section 13304 cleanup order upon a showing the owner knew or should have known that a lessee’s activity created a reasonable possibility of a discharge of wastes into waters of the state that could create or threaten to create a condition of pollution or nuisance. The court rejected UATC’s argument that its liability was discharged in a 2000 bankruptcy reorganization proceeding. Even assuming the Regional Board’s entitlement to a cleanup order was a claim within the meaning of bankruptcy law, it was not discharged in UATC’s bankruptcy proceeding because it did not arise before confirmation of reorganization. View "United Artists Theater Circuit, Inc. v. Regional Water Quality Control Board, San Francisco Region" on Justia Law