Articles Posted in Landlord - Tenant

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Appellant leased commercial real property from Respondent. Appellant vacated the property and ceased paying rent after a significant water intrusion event. Respondent filed a complaint alleging that Appellant breached the lease. Appellant counterclaimed that Respondent constructively evicted Appellant by failing to maintain the roof. The district court entered judgment in favor of Respondent, concluding (1) severe water intrusion justified Appellant’s vacating the property; but (2) the lease obligated Appellant to provide Respondent written notice of and thirty days to cure the water intrusion before exercising any other potential remedies, and Appellant did comply with the notice and cure provision. The Supreme Court reversed, holding that the district court’s factual findings did not support Appellant’s argument that it was constructively evicted, and therefore, the Court did not need to address whether Appellant was required to comply with the lease’s notice and cure provision in order to successfully assert constructive eviction. View "Mason-McDuffie Real Estate, Inc. v. Villa Fiore Dev., LLC" on Justia Law

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Tenant fell behind in its monthly rental payments to Landlord, after which Landlord obtained a summary eviction order in justice court. Landlord subsequently filed a complaint in district court against Tenant for damages for breach of the parties' lease agreement. Tenant filed a motion for summary judgment on the ground that Landlord's claim for damages was precluded by the doctrine of claim preclusion and arguing that Landlord was required to seek summary eviction in unison with its claim for damages. The district court denied Tenant's motion. Tenant then petitioned the Supreme Court for a writ of mandamus directing the district court to vacate its order denying Tenant's motion for summary judgment. The Court denied the petition, holding that the summary eviction scheme provided in Nev. Rev. Stat. 40.253 allows for an exception to claim preclusion in cases such as this one in that it permits a landlord to bring a summary eviction proceeding in justice court and subsequently bring a damages claim in district court. View "G.C. Wallace, Inc. v. Eighth Judicial Dist. Court" on Justia Law