Tag Archives: landlord/tenant

Landlord/Tenant – Commercial Lease – Appeals – Preservation of Issues – Security Deposit (access required)

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.

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Landlord/Tenant – Commercial Lease – Statute of Limitations – ‘Common Expenses’ – Evidence – Attorney’s Fees (access required)

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.

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Landlord/Tenant – Commercial Lease — Civil Practice – Statute of Limitations – Contract – Real Property (access required)

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.

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Tort/Negligence – Dog Attack – Landlord/Tenant – Common Area – Strict Liability -Common Law – Attractive Nuisance – First Impression (access required)

Clea v. Odom Where the respondent-landlord knew a tenant’s dog was chained to a tree in the common area over which the landlord had control, there was a genuine issue of material fact as to whether the landlord had the dog in his keeping - within the meaning of our “dog bite statute” — when it attacked a two-year-old. Moreover, the landlord may be liable under the Residential Landlord Tenant Act. We reverse summary judgment for the landlord on the issues of strict liability and common law negligence. We affirm summary judgment for the landlord on the claim of attractive nuisance.

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Landlord/Tenant – Personal Injury – Townhouse Defect – Handrail – Notice – Other Handrail Failures (access required)

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.

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