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Landlord/Tenant Appellate Court Opinion - 6/20/2016

by Zigadto, Janet

 

AC37174 - Elliott Enterprises, LLC v. Goodale ("of the trial court in which the court found that the defendants had violated their lease agreement (lease) and granted possession of the leased premises to the plaintiff landlord, Elliott Enterprises, LLC. The trial court rendered judgment of possession in favor of the plaintiff on the ground that the defendants had failed to pay sewer charges and late fees due under the lease. On appeal, the defendants claim that the trial court erred by failing to consider that they had overpaid the plaintiff real estate taxes, which were a component of the rent pursuant to the lease, in an amount greater than what the plaintiff claimed they owed for the sewerthe trial court erred in determining that they had failed to prove the defense of equitable nonforfeiture. We reverse the judgment of the trial court.")