• Mortgage Connect Document Solutions, LLC v. Green Indus. Dev. Group, LLC

    Publication Date: 2023-09-25
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Andrew D. Cordo, Kaitlin E. Maloney, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for plaintiff.
    for defendant: Katherine L. Mowery, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Mark T. Josephs, Brian H. Oates, Matt M. Johnson, Jackson Walker, LLP, Dallas, TX for defendant.

    Case Number: N23C-01-178 MAA CCLD

    Court denied landlord summary judgment on tenant's breach of lease agreement where the lease obligated the parties to continue with a revise-or-consent procedure to resolve improvement costs over the tenant allowance, and there was evidence that the tenant was continuing with the procedure until the landlord refused to proceed with revisions and terminated the lease.

  • Kravis v. Justice of the Peace Court 17

    Publication Date: 2022-09-20
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Conner
    Attorneys: For plaintiff: Olka K. Beskrone, Richard H. Morse, Community Legal Aid Society, Inc., Wilmington, DE for petitioner.
    for defendant: Jillian M. Pratt, Morton, Valihura & Zerbato, LLC, Greenville, DE for respondent.

    Case Number: S22A-04-001 MHC

    Court did not err in granting landlord summary possession for tenant's violation of lease terms requiring prospective residents to apply for residency, where evidence that tenant's residents did not apply until months after the action for summary possession was filed was not relevant to the summary possession ruling.

  • Simon Prop. Group, L.P. v. Regal Ent. Group

    Publication Date: 2022-07-19
    Practice Area: Landlord Tenant Law
    Industry: Entertainment and Leisure | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Timothy R. Dudderar, Jesse L. Noa, Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; David M. Fedder, Dentons US LLP, St. Louis, MO; Shannon Shin, Dentons US LLP, Chicago, IL for plaintiff.
    for defendant: Kashif I. Chowdhry, Parkowski Guerke & Swayze, P.A., Dover, DE; Curtis Romig and Kevin Arocha, Bryan Cave Leighton Paisner LLP, Atlanta, GA; Erin A. Kelly, Bryan Cave Leighton Paisner LLP, Denver, CO for defendant.

    Case Number: D96890

    Court enforced guaranty provision under commercial lease following non-payment of rent due to financial difficulties caused by COVID-19 shutdowns, where the leases allocated risk of a force majeure event to tenants.

  • Parkway Gravel, Inc. v. C&M Constr. Co., LLC

    Publication Date: 2022-05-03
    Practice Area: Landlord Tenant Law
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jeffrey M. Weiner, Wilmington, DE for plaintiff.
    for defendant: Christofer C. Johnson, The Johnson Firm LLC, Wilmington, DE for defendant.

    Case Number: D69801

    The court found that plaintiff proved through verified evidence and admissions deemed admitted that defendant defaulted on its lease.

  • Simon Prop. Group, L.P. v. Brighton Collectibles, LLC

    Publication Date: 2022-01-04
    Practice Area: Landlord Tenant Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Timothy R. Dudderar, Jesse L. Noa, Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE for plaintiff.
    for defendant: P. Clarkson Collins, Jr., Patricia A. Winston, Kirsten Zeberkiewicz, Kuhu Parasrampuria, Morris James, Wilmington, DE for defendant.

    Case Number: D69667

    Counterclaim based on alleged oral modification of lease survived dismissal where part performance and course of conduct by the parties supported finding that parties had orally waived contractual provisions requiring written amendment of lease.

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  • Rehoboth Bay Homeowners' Ass'n v. Hometown Rehoboth Bay, LLC

    Publication Date: 2021-05-26
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Olga Beskrone, Community Legal Aid Society, Inc., Wilmington, DE appellants.
    for defendant: Michael P. Morton, Robert J. Valihura, David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee.

    Case Number: D69410

    Capital improvements to a manufactured home community entitled the owner to raise rent under the Rent Justification Act, but the owner could not extend the rent increase into subsequent years once it had recov-ered that expense.

  • Torrent Pharma, Inc. v. Priority Healthcare Distrib., Inc.

    Publication Date: 2020-10-28
    Practice Area: Landlord Tenant Law
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson, LLP, Wilmington, DE for plaintiff.
    for defendant: Elizabeth Sloan, Brittany M. Giusani, Ballard Spahr, Wilmington, DE; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.

    Case Number: D69172

    A genuine issue of material fact existed as to whether property damage resulted from tenant's failure to make repairs or because of landlord's failure to replace a mechanical system.

  • Rehoboth Bay Homeowners' Ass'n v. Hometown Rehoboth Bay, LLC

    Publication Date: 2020-04-01
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Olga K. Beskrone, Community Legal Aid Society, Inc., Wilmington, DE for appellant homeowners.
    for defendant: Michael P. Morton, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee landowner.

    Case Number: D68929

    The court affirmed an arbitrator's decision regarding a rent increase under the Rent Justification Act, because it was supported by substantial evidence of expenses directly related to capital improvements involving a manufactured home community.

  • Donovan Smith MHP, LLC v. Donovan Smith HOA

    Publication Date: 2019-10-30
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Seth L. Thompson, Parkowski Guerke & Swayze, P.A., Wilmington, DE for appellant.
    for defendant: Dmitry Pilipis, Community Legal Aid Society, Inc., Wilmington, DE for appellee.

    Case Number: D68750

    Although the arbitrator erred in concluding that proposed rent increases were not "directly related" to operation, maintenance, or improvement of a mobile home park when park owner presented evidence of new expenses, the arbitrator had sufficient evidence to find the increase did not comply with statutory law where there was insufficient evidence to find the lots were below market.

  • Crawford v. New Castle County Hous. Auth., Section 8

    Publication Date: 2019-09-04
    Practice Area: Landlord Tenant Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Roberta Crawford, Wilmington, DE, pro se plaintiff.
    for defendant: Colleen K. Norris and Mary A. Jacobson, New Castle County Law Department, New Castle, DE, Barry M. Willoughby and Laure Elizabeth Moak Russell, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for defendants.

    Case Number: D68688

    Termination of Section 8 housing voucher proper where it was not based on a policy or custom leading to a constitutional violation and where recipient had apparent actual notice of the termination hearing.