Atlantic Coast Builders & Contractors, LLC v. Lewis The master in equity found for the plaintiff-tenant on three causes of action – negligent misrepresentation, breach of contract, and unjust enrichment – but the defendant-landlord appealed only the findings of liability for negligent misrepresentation and breach of contract and not the finding of liability for unjust enrichment.
Port City Ltd. Partnership v. City of Charleston The parties entered into lease agreements for two offices in 1994 and 1996, respectively, and each lease required the defendant-tenant to pay its share of “common expenses.” Where the plaintiff-landlord did not request payment for common expenses until 2005, the trial court correctly ruled that the landlord’s claim for monies due prior to 2002 was barred by the statute of limitations.
We affirm the trial court’s ruling as to the statute of limitations but reverse on the issues of the meaning of the term “common expenses” and the denial of attorney’s fees.
Palmetto Co. v. McMahon Even though the plaintiff-landlord titled its action as one for distraint, its claim for rent arose out of a commercial lease with the defendant-tenant, not out of its title to real property. Because a lease is a contract, the three-year statute of limitations applies.
Salek v. Nirenblatt, Nirenblatt & Hoffman The plaintiff-tenant showed that there had been some problems with handrails in other townhomes at his complex, but he failed to show that there were enough such problems to give the defendant-landlord notice of a problem with the handrail in plaintiff’s townhome.
We affirm summary judgment for the landlord.
Commercial Lease - Renewal - Rent Increase - Notice - Cure
Commercial Lease -- Revaluation -- 'Highest & Best Use' -- No Improvements -- Connector Easement
Residential Lease - Building Codes - Smoke Detectors - Notice
Apartment Complex - Surveillance System - Invasion Of Privacy
Division Of Compensation Award - Condemnation - Valuation
Eviction - Proper Notice - Tenancy Termination
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