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Sep 6, 2011

Landlord/Tenant – Commercial Lease — Civil Practice – Statute of Limitations – Contract – Real Property

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.

Aug 23, 2011

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

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 Land[...]

Jul 1, 2011

Landlord/Tenant – Personal Injury – Townhouse Defect – Handrail – Notice – Other Handrail Failures

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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