The case points to the plight of many landlords even if they are ultimately successful in obtaining
a judgment against the tenant for back rent.
If it appears that the complaint has been sufficiently proven, the justice of the peace shall enter
judgment against the tenant:
Not exact matches
On Oct. 5, 2015, Superior Court Judge Raymond M. Cadei in Sacramento, Calif., entered the stipulated
judgment against Bluford in favor of the married plaintiffs who turned to Bluford and another company of his, California Legal Pros, for help evicting a
tenant from a home they owned in Discovery Bay, Calif., only to be defrauded out of more than half a million dollars.
We can use the dispossessory procedures not only to regain possession of the commercial premises but to obtain
judgment against the defaulting
tenant and its guarantors.
Obtained defense
judgment against claim for $ 4 + million damages arising out of redeveloping a shopping center without required
tenant consent
Debts include rent that the
tenant owes but has not paid, damage to the premises, or any related court
judgments that the landlord has
against the
tenant.
Obtained $ 1.2 million
judgment in favor of commercial landlord on breach of lease claims
against a former
tenant in Ohio state court.
In 1997, Haden hired Sacks to prepare a brief to the 5th U.S. Circuit Court of Appeals in an appeal of an adverse
judgment against Haden and his company in Haden v. Metropolitan Life Insurance Co., a commercial landlord -
tenant dispute.
In a recent editorial published in the Cape Argus, the chairman of Rawson opined that «homebuyers, banks and
tenants all need to take action to protect themselves
against the effects of the recent Supreme Court of Appeal (SCA)
judgment that property owners can be held liable for historical municipal debts dating back up to 30 years.»
Donnelly v. Margolis (265 A.D. 2d 523)- summary
judgment dismissing owner's complaint
against real estate broker and its agent affirmed; no obligation to act as a legal advisor to the owner regarding relevant provisions of the Town Code and had no duty to investigate the prospective
tenants to ascertain their suitability under the Town Code; obligations of broker and its agent were satisfied when they produced ready, willing and able
tenants with whom owner executed a rental agreement
357 DOS 02 Matter of DOS v. Elias - failure to appear at hearing; failure to pay
judgment; proper business practices; deposits; DOS fails its burden of proof; restitution; ex parte hearing may proceed upon proof of proper service; respondent failed to fully satisfy a
judgment obtained
against him without showing that he was unable to do so; a rental broker is entitled to compensation only after procuring a rental agreement between
tenant and landlord; retaining part or all of the deposit without obtaining a rental agreement demonstrates untrustworthiness and incompetency; restitution may be ordered as a condition to retention of the broker's license where he has received money to which he is not entitled; unlawful for broker to operate real estate brokerage business at an address other than that which was stated on his application; broker operated his real estate business out of an address prior to obtaining a license for that address; DOS failed to prove that respondent commingled and converted deposits; real estate brokers license suspended for four months and an additional period of time until respondent proves he has paid the balance of the
judgment
SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary
judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract
against landlord for refusal to grant
tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.