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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/resdplltnt0032 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT Generally E.D.Ark.2016. Cit. generally in sup. In a declaratory-judgment action brought by lessors of a mining lease against lessee, this court granted summary judgment for lessee, holding that a habendum clause in the lease established that the lease was terminable on the occurrence of an event, and, even though the event was wholly within the control of lessee, did not render the lease terminable at will by lessors. The court relied on Restatement Second of Property: Landlord and Tenant in determining that the lease created an estate for years terminable thereafter on the occurrence of an event fully within the control of lessee. Roberts v. Unimin Corporation, 214 F.Supp.3d 743, 745, 747. PART I. CREATION OF THE LANDLORD-TENANT RELATIONSHIP CHAPTER 1. NATURE AND DURATION OF LANDLORD-TENANT RELATIONSHIP § 1.2 Requirement That Right to Possession Be Transferred Kan.App.2017. Quot. in sup. Tenant who rented pastureland from landlord sued landlord, claiming that she was entitled to damages because landlord allowed his neighbor's horses to graze on the land and denied her access to the land for several months; landlord counterclaimed for unpaid rent. After a bench trial, the trial court found in favor of landlord, reasoning that, because tenant had not paid rent, landlord was required to mitigate his damages under Kansas law. Reversing and remanding, this court held that the trial court erroneously concluded that landlord had a duty to mitigate without considering whether tenant had abandoned the lease. The court reasoned, in part, that imposing a duty to mitigate damages in the absence of abandonment would allow a landlord to interfere with a tenant's exclusive right to possession of the rented property described in Restatement Second of Property: Landlord and Tenant § 1.2. Miller v. Burnett, 397 P.3d 448, 452. § 1.5 Periodic Tenancy Ind.App.2017. Cit. in sup.; com. (f) and illus. 5 and 6 quot. in sup. Residential landlord filed a pro se complaint against tenant in small claims court, seeking immediate possession of the rental property and rent due under the lease. After conducting an informal hearing-in which no one was sworn in to testify and no exhibits were entered into evidence-the trial court granted landlord's request for eviction. This court dismissed without prejudice and remanded for the trial court to conduct a proper, if informal, evidentiary hearing on landlord's complaint, holding that questions of fact remained as to whether tenant's one-year lease had been converted into a month-to-month lease, such that landlord was required to have provided tenant with notice of intent to terminate the lease. The court noted that, under Restatement Second of Property: Landlord and Tenant § 1.5, notice of termination of a month-to-month For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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