Articles Posted in Landlord - Tenant

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Denise Wright was abducted and robbed at gunpoint by two unknown assailants in a common area of an apartment complex (Wellspring) in which she resided. Wellspring was owned by Respondent Franklin Pineridge Associates and operated by Respondent PRG Real Estate Management, Inc. Respondent Karen Campbell was Wellspring's property manager and an employee of PRG at the time of the incident. Wright sued Respondents for negligence, alleging Respondents voluntarily undertook a duty to provide security to residents of Wellspring and breached this duty, thereby causing her damages. She also alleged Respondents were negligent in failing to properly maintain shrubbery and lighting on the premises. The circuit court granted summary judgment to Respondents on Wright's negligence claim. A divided court of appeals affirmed. The South Carolina Supreme Court granted Wright's petition for a writ of certiorari to review: (1) whether Respondents voluntarily undertook a duty to provide security services to residents; (2) if such a duty existed under the facts of this case, whether there was a genuine issue of material fact that Respondents breached the duty; and (3) whether there was a genuine issue of material fact that any such breach proximately caused Wright's damages. The Supreme Court concluded the court of appeals erred in affirming the circuit court’ grant of summary judgment in favor or Respondents. The matter was remanded back to the circuit court for trial. View "Wright v. PRG Real Estate Management" on Justia Law

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Skydive Myrtle Beach, Inc. brought this lawsuit alleging Horry County, the Horry County Department of Airports, and several of their individually named employees improperly attempted to remove Skydive from the space it leased at Grand Strand Airport in North Myrtle Beach, South Carolina. The circuit court dismissed Skydive's claims against the individually named employees pursuant to Rule 12(b)(6) of the South Carolina Rules of Civil Procedure, without allowing Skydive leave to amend its complaint. The court of appeals affirmed in an unpublished opinion. Finding that the circuit court should have allowed Skydive an opportunity to amend its complaint pursuant to Rule 15(a), the South Carolina Supreme Court reversed the court of appeals and remanded the case to the circuit court to allow Skydive an opportunity to file its amended complaint. View "Skydive v. Horry" on Justia Law

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Respondent Atlantic Coast Builders and Contractors, LLC brought an action against its landlord, Petitioner Laura Lewis, for negligent misrepresentation, unjust enrichment, and breach of contract.  Atlantic also sought a return of the security deposit it paid pursuant to its lease with Lewis.  The master-in-equity entered judgment in favor of Atlantic, and the court of appeals affirmed. The landlord appealed, arguing the appellate court erred in its return of the security deposit and in calculating its damages award. Upon review, the Supreme Court found that the court of appeals erred in concluding the issue regarding the security deposit was preserved for review. Because the deposit issue was not preserved, the landlord was entitled to retain the deposit. Consequently, Atlantic's damages were reduced by $3500. The Court affirmed the appellate court as to the entry of judgment against the landlord for negligent misrepresentation and unjust enrichment. View "Atlantic Coast Builders and Contractors v. Lewis" on Justia Law