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Landlord Tenant

Aug 16, 2023

Landlord/Tenant – Renewal Option – Timely ‘Receipt’ – Landlord’s P.O. Box

The plaintiff-tenant’s notice of its decision to renew the parties’ lease was placed in the defendant-landlord’s post office box one day before the deadline, which fell on a Sunday. Even though the landlord did not check its P.O. box until the following Wednesday, the tenant timely exercised its option to extend the lease. We reverse […]

Feb 3, 2023

Landlord/Tenant – Commercial Lease – Expired Term – Holdover – Ejectment – Demolition

The parties’ commercial lease did not allow the plaintiff-tenant to renew the lease, yet plaintiff’s complaint challenged only the defendant-landlord’s actions following the expiration of the lease term (i.e., the landlord’s repossession and demolition of the asbestos-contaminated premises). Although the tenant contends an order staying the appeal of the landlord’s ejectment action allow[...]

Sep 19, 2022

Landlord/Tenant – Public Housing – Eviction – One Strike Rule – Distance from Home – Discretion 

Even though the defendant-tenant’s 17-year-old son was a mile from their apartment when he committed an armed robbery, the plaintiff-housing authority could still find that the son’s activities posed a threat to the health, safety or right to peaceful enjoyment of the rental premises by tenants. Therefore, the housing authority had good cause to evict […]

Jan 29, 2020

Landlord/Tenant – Hangar Space – Ejectment – Right to Occupy – Mootness

Tenant lacked the right to occupy leased hangar space where owner of airport terminated its agreement with the management company that originally leased the space to tenant and accordingly became the party with the right to modify the relationship, which it did by executing a new space use permit. We reversed the court of appeal’s […]

Dec 2, 2019

Landlord/Tenant – Airport Hangar Lease – ‘Space Use Permit’ – Superseding Agreement – Appeals – Mootness

Even though a May 2012 agreement would have allowed the tenant to remain on the leased premises until July 2020, since the tenant entered into a September 2013 “Space Use Permit” with the landlord, which only allowed the tenant to occupy the premises through January 31, 2014, the tenant is bound by the Space Use […]

Jul 12, 2018

Landlord/Tenant – Ejectment – Appeals – Moot – Vacated Property

Where the appellant-tenant vacated the leased property nearly three years ago, this appeal of the magistrate’s ejectment order is moot. Appeal dismissed. Skydive Myrtle Beach, Inc. v. Horry County (Lawyers Weekly No. 011-064-18, 5 pp.) (James Lockemy, C.J.) Appealed from the Circuit Court in Horry County (Larry Hyman Jr., J.) Robert Bratton Varnado and Alexis […]

May 11, 2018

Landlord/Tenant – Commercial Lease – Roof Repair – Bankruptcy – Lease Assumption

The original – now bankrupt – tenant failed to do the roof upkeep required by its lease, and the new defendant-tenant’s assumption of the lease (via a bankruptcy court’s order of sale) did not include assuming the original tenant’s liabilities. Nevertheless, the lease also required the tenant to return the facility “in as good a […]

Jun 16, 2017

Landlord/Tenant – Commercial Lease – Tort/Negligence – Trip & Fall – Hole in Floor – Indemnity & Contribution Crossclaims

McAvoy v. Dolgencorp, LLC (Lawyers Weekly No. 002-156-17, 5 pp.) (Richard Mark Gergel, J.) 9:17-cv-00754; D.S.C. Holding: A landlord ordinarily has no duty to maintain premises that are under the control of a tenant, but here the defendant-tenant and the defendant-landlord agreed that the landlord would maintain structural aspects of the premises, including structural floors. […]

Mar 3, 2017

Landlord/Tenant – Commercial Lease – LLC Member – Capital Improvements

DCHG Investments, LLC v. IAC Greenville, LLC (Lawyers Weekly No. 002-070-17, 12 pp.) (Mary Geiger Lewis, J.) 6:15-cv-02013; D.S.C. Holding: Even though defendant International Automotive Components Group North America, Inc. (IAC-NA), is not a party to the lease between plaintiff and IAC Greenville, LLC (IAC-G), since the plaintiff-landlord contends that IAC-NA handled the rent payments, […]

Nov 30, 2016

Landlord/Tenant – Lessee Did Not Satisfy ‘Early Termination’

NCO Financial Systems Inc. v. Montgomery Park LLC (Lawyers Weekly No. 001-171-16, 19 pp.) (Niemeyer, J.) No. 15-1988, Nov. 29, 2016; USDC at Baltimore, Md. (Russell, J.) 4th Cir. Holding: A financial systems company did not comply with a lease’s early termination provision when it offset its second payment of the required fee of 10 […]

Sep 28, 2015

Landlord/Tenant – Commercial Lease – Execution & Delivery – Municipal – Council Minutes

Sifonios v. Town of Surfside Beach (Lawyers Weekly No. 011-094-15, 8 pp.) (Stephanie McDonald, J.) Appealed from Horry County Circuit Court (Paul Burch, J.) S.C. App. Holding: Even though plaintiff signed a lease as tenant, since the lease said it would “become effective only upon execution and delivery hereof by both parties,” the town council’s […]

Jul 22, 2015

Landlord/Tenant — Lessor Can’t Collect ‘Future’ Rent

Elderberry of Weber City LLC v. Living Centers – Southeast Inc. (Lawyers Weekly No. 001-138-15, 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, assignment of the lease and nonpayment of rent, in which the district court awarded plaintiff […]

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