Justia North Carolina Supreme Court Opinion Summaries

Articles Posted in Landlord - Tenant
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The Supreme Court affirmed the judgment of the trial court granting Plaintiffs' motion to certify three classes for a class action lawsuit, holding that the trial court did not abuse its discretion.Plaintiffs were former tenants of residential apartments owned and managed by Defendant. Plaintiffs brought a class action lawsuit alleging violations of the North Carolina Residential Rental Agreements Act and the North Carolina Debt Collection Act. Plaintiffs moved to certify three class of certain fellow tenants, and the trial court granted the motion as to all three classes. Defendant appealed, pointing to three alleged errors in the trial court's class certification order. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in certifying the three classes for a class action lawsuit. View "McMillan v. Blue Ridge Cos." on Justia Law

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In this dispute over whether a landlord was liable for harm caused by his tenants' dog the Supreme Court affirmed the decision of the court of appeals affirming the trial court's grant of summary judgment for Landlord, holding that Plaintiff failed to show that a genuine issue of material fact existed for trial.A seven-year-old boy was bitten by a dog owned by tenants of Landlord's property. Plaintiff brought this complaint against Landlord seeking to recover for the boy's injuries. The trial court granted summary judgment in favor of Landlord, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) there was insufficient evidence to support a claim that Landlord knew that the dog posed a danger before it bit the boy; and (2) therefore, Landlord was entitled to judgment as a matter of law. View "Curlee v. Johnson" on Justia Law

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The Supreme Court reversed the decision of the court of appeals affirming the order of the trial court allowing immediate possession of Defendant's apartment to the Raleigh Housing Authority (RHA), holding that the notice of lease termination failed to provide Defendant with the factors necessary for her to be on notice of RHA's justification for the termination of her lease.RHA filed a complaint in summary ejectment alleging that Defendant, a tenant of public housing, was holding over at the end of the lease. Defendant raised as a defense that the notice of lease termination did not state with specificity her alleged "inappropriate conduct." The trial court entered an order allowing immediate possession of the apartment to RHA. The court of appeals affirmed. The Supreme Court reversed, holding that RHA's notice of lease termination failed to provide Defendant with the factors necessary for her to be on notice of RHA's justification for the lease termination, in violation of 24 C.F.R. 966.4(l)(3)(ii). View "Raleigh Housing Authority v. Winston" on Justia Law

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The Supreme Court reversed the decision of the court of appeals affirming the trial court's judgment evicting Tenant and granting possession of the apartment in which she lived to Landlord based on nonpayment of rent for January 2017 and the first part of February 2017, holding that eviction was improper.The apartment complex in this case was a project-based Section 8 property. In late 2016, Landlord sought to evict Tenant by terminating her lease for alleged breaches relating primarily to her conduct. On January 9, 2017, Tenant was served with a notice to pay rent or quit, claiming Tenant was in default under the rental agreement. The district court determined that Landlord had waived its claims as to Tenant's alleged lease breaches. The court then entered a judgment evicting Tenant and granting possession of the apartment to Landlord. The Supreme Court reversed, holding (1) Landlord did not waive his right to terminate the lease based on Tenant's alleged breaches; (2) terminating a lease or a federal subsidy for a tenant in a federally-subsidized housing arrangement requires compliance with federal law as incorporated in the terms of the lease; and (3) there were insufficient findings to support the conclusion that Landlord was entitled to possession on the basis of nonpayment of rent. View "Winston Affordable Housing, LLC v. Roberts" on Justia Law