Miscellaneous Small Claims Issues

1
Miscellaneous Small Claims Issues

• Fall 2004 Schools
• Joan Brannon
• Institute of Government

2
Landowners Liability For Trees
Common law rule
NC?public road
NC?neighbor
Act of God
3

• Landowner owns a 200 acre wooded tract of land
  some of which adjoins a rural public road.
  Defendant lives in New York and comes to check
  his land about twice a year. Plaintiff was
  driving early one morning and was injured when he
  hit a tree that had fallen from defendants
  property. No one had reported the downed tree to
  the sheriffs department. The tree was healthy
  and showed no sign of rot. Several people
  testified that they had previously noticed the
  tree was leaning but they had not reported it to
  the sheriffs department because they didnt
  think it was dangerous.

4
Plaintiff Must Prove

• Tree was danger to travelers on road
• Defendant had notice of condition
• Dangerous condition a cause of injury
• Plaintiff suffered damages

5
Large oak tree located on defendants property
about 4 feet from property line. Plaintiff
noticed that tree was rotted and advised
defendant at least twice and asked that tree be
removed. Tree was blown down on plaintiffs
house. Plaintiff testifies it cost 4,500 to
repair the house. Defendant testifies
plaintiff asked permission to remove the tree and
he told plaintiff to go ahead and cut it down. He
wasnt around to see that the tree wasnt
removed. Defendant also testifies that the tree
was blown down by a strong wind, during a violent
and unusual storm.
6
Neighbors Rights
?
Cut limbs or roots ?
Sue for money?
?
X
Trespass on land?
Right to fruit?
Tree owner
7
Earnest Money Deposits

• Buyer and seller necessary parties
• Broker proper party
• Sue as escrow agent
• What if buyer and seller not parties?
• Read offer to purchase

8
Landlord enters into an oral month-to-month lease
with tenant to rent a mobile home space for 400
per month. Tenant pays the 400 and moves in on
June 1, 2004. He pays his rent for several
months, but doesnt pay on September 1. On
September 10, landlord calls tenant and tells him
the rent is overdue and he has to pay it
immediately. On September 21, landlord files a
summary ejectment action. You hear the action.
Tenant is at trial and says landlord didnt give
him the 30 days notice. Who wins?
9
Failure to Pay Rent

• Landlord-tenant relationship
• Terms with regard to rent
• Tenant failed to pay rent
• Landlord demanded rent after tenant failed to
  pay and waited 10 days after demand to file
  lawsuit

10

• Assume that you grant judgment for the landlord.
  How many days does the tenant have to move?
• Immediately? 10 days? 30 days?
• Assume that the landlord called the tenant on
  September 10 and said the tenancy was ending on
  September 30 and tenant must vacate by that date.
  Landlord files lawsuit on October 1.
• Who wins?
• Would it make a difference if when landlord
  called tenant on September 10, he told tenant to
  be out by the end of October 9 and filed then the
  lawsuit on October 11?

11
Holding Over After End of Lease

• Landlord-tenant relationship
• Terms of the lease regarding length
• Landlord gave notice if required
• Notice specified in lease
• Lease for definite period of time-no notice
• Periodic tenancy
• Month to monthone week before end of month
• Week to weektwo days before end of week
• Mobile home space30 days before end of the term
• Tenant did not vacate at end of term

12

• Assume tenant has rented the mobile home to
  someone else. Tenant doesnt pay landlord the
  rent. Landlord files action against tenant for
  failure to pay rent.
• Who wins? Does 3rd party have any right to
  stay?
• What if tenant had sold mobile home to 3rd party
  who was now living in it? Who wins?
• Would that make a difference in whether landlord
  is entitled to judgment against tenant?
• Assume judgment sheriff padlocks premises. What
  can landlord do with mobile home?