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  • Mealy v. Casablanca Investors, LLC

    Publication Date: 2023-03-27
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:22-CV-3370-MMB

    Defendant moved to dismiss plaintiff's Fair Housing Act action alleging gender discrimination based on a lease addendum she was asked to sign that prohibited female tenants from having male overnight guests but placed no such prohibition on male tenants and court found plaintiff plausibly alleged defendant established a policy that discriminated against women and that plaintiff's housing rights were plausibly harmed. Motion denied.

  • Abitbol v. Gerhart

    Publication Date: 2023-03-06
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Hangley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2422 EDA 2022

    While the plaintiff landlords did not produce an actual City of Philadelphia rental license and a certificate of rental suitability, they established through credible testimony that they had such documents at the time they rented a condominium to defendants and provided defendants with a copy of the certificate of rental suitability. The court recommended affirmance.

  • Couverthier v. Bozek

    Publication Date: 2023-01-09
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5481 CIVIL 2021

    The court granted plaintiff landlord's motion to dismiss in an ejectment action finding that plaintiff provided evidence that a notice to quit was served on defendants in accordance with the lease terms and defendants subsequently failed to vacate the property. Although defendants argued that there was an oral agreement between the parties that defendants would eventually purchase the property, the court explained that pursuant to the Statute of Frauds, an oral promise for the sale of real property is unenforceable.

  • Eggleston v. Richards

    Publication Date: 2022-11-07
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10753 OF 2019, C.A.

    Evidence that defendant landlord had observed the behavior of a tenant's dog, including the dog's restraint and his aggressive behavior on at least one occasion, created a material issue of fact as to whether defendant had knowledge of the dog's aggressiveness or propensity for viciousness. The court denied defendants' motion for summary judgment.

  • JCD Heritage Hills v. Lombardo

    Publication Date: 2022-09-26
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10937 OF 2021, C.A.

    The court denied a motion to dismiss a complaint for failure to state specific requests to recover past-due rent. Although defendants argued plaintiff leasing company was precluded from seeking this amount because they did not raise this request with the Magisterial District Court, the court pointed to Pa.R.C.P.M.D.J. 1007(b) which does not limit parties to the amount in controversy or the claims raised by the Magisterial District Court when bringing subsequent claims before the court of common pleas.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • RCKA Inv. LLC v. Johnson

    Publication Date: 2022-09-12
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1025

    Trial court erred in deciding appellant violated the case management order by failing to deposit money in an escrow account in an appeal of a landlord-tenant issue because the order and local court rules only set forth the procedure a tenant had to follow to obtain supersedeas to prevent eviction during the pendency of the appeal and provided no directive regarding escrow payments for tenants who did not wish to protect against eviction. Order vacated.

  • Hanbicki v. Leader

    Publication Date: 2022-08-15
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Mellon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0843

    Court affirmed trial court's ruling holding plaintiff landlord in contempt for refusal to allow defendant tenant the ability to retrieve personal belongings, in violation of a court order.

  • Jenkins v. Robertson

    Publication Date: 2022-06-27
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0720

    Landlord appealed trial court's order in favor of tenant in landlord/tenant action and court found that trial court, in effect, entered a nonsuit based on landlord's failure to appear and entered judgment simultaneously with entry of its order, that judgment was premature and void and court had no jurisdiction over the appeal. Appeal quashed.

  • QA Acquisitions, LLC v. Scott

    Publication Date: 2022-06-13
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0532

    Judgment in favor of landlord for unpaid rent was supported by sufficient evidence. Tenant failed to provide a concise statement of errors on appeal, so the court deemed those issues were waived.

  • Capmar Prop., L.P. v. Gwin

    Publication Date: 2022-04-25
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0298

    The court held counterclaimant's allegation that landlord failed to provide proper means for trash disposal and had shut off electricity was sufficient to plead a cause of action under the Unfair Trade Practices and Consumer Protection Law. However, without an allegation that defendant was injured and because the landlord's conduct was not outrageous in character, counterclaimant's tort claim should be dismissed. Plaintiff's motion to strike denied in part, granted in part.