Simon sues Starbucks in bid to block mass Teavana closings
In an unusual legal move, Simon Property Group Inc. has sued Starbucks Corp. over the coffee giant’s plan to close 78 Teavana stores in its malls across the country.
Tenant and Landlord Dispute
Articles
Indiana Legal Services’ pilot project offers on-the-spot help to small claims defendants
The Tenant Assistance Program clinic offers triage services for tenants who have eviction notices and are appearing in court that day.
ILS project aims to help tenants avoid eviction
Indiana Legal Services Inc. has launched a pilot program in Indianapolis specifically to help individuals and families facing eviction.
Church not entitled to $322,000 on breach of contract claim
A trial court erred when it determined that a church was entitled to $322,000 on its breach of contract claim after its building lessor ordered the church to vacate the premises before the end of its contract, the Indiana Court of Appeals ruled.
COA: Tenant does not have obligation to indemnify landlord
The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.
How to solve the housing crisis: more lawyers
The solution to a homelessness crisis that has accompanied the drop in affordable housing is to hire more lawyers: Give poor renters an attorney, and landlords will more likely settle eviction cases. Homelessness will fall, and the strain on city services will be relieved. Or so goes the logic.
Court decision paves way for displaced pizza shop’s trial
Enzo Pizza’s long-simmering legal battle with the Indianapolis City Market finally is headed to trial after the eatery won a partial court victory this month against its former landlord.
Roommate’s liability in early exit from lease rightly decided
A woman who appealed a small claims court order against her former live-in boyfriend failed to convince the Indiana Court of Appeals that he owed her more money for moving out before their apartment lease was up.
Justices vacate transfer in insurance dispute
A divided Indiana Supreme Court decided last week that it will no longer take an insurance case involving a landlord and tenant that also divided the Indiana Court of Appeals.
Lack of evidence allows periodontists to leave office space
Having failed to produce sufficient evidence that the terms of a lease agreement had been waived, a landlord will have to allow a pair of tenants to vacate the property with no financial penalty.
Court adopts case-by-case approach in subrogation issue
The Indiana Court of Appeals, after skirting around the issue in 2012, decided that Indiana should use the case-by-case approach to address subrogation claims of landlords’ insurers against negligent tenants.
Tenant who trashed house loses appeal, owes attorney fees
A former babysitter entrusted to live in a family’s home while they were away for a year and care for their pet dog in exchange for paying $300 monthly rent instead trashed the place. The ex-tenant appealed an $85,889 judgment against her but now has more bills to pay.
COA sets aside auction of mobile homes
The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.
Insurance dispute divides Court of Appeals
A split Indiana Court of Appeals reversed a trial court’s finding that a landlord was not covered by the tenant’s insurance policy.
Mom can’t receive damages based on daughter’s injuries caused by mold
The Indiana Court of Appeals reversed a compensatory damage award of $20,000 to the parents of an adult daughter who was sickened by mold growing in her apartment after finding the facts of the case don’t support the amount awarded.
Owner of Anderson location yanks suit against Motel 6
Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t – withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.
Landlords timely delivered itemized damages notice to former tenants
The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.
COA: Insurer has no liability for dog bite injuries
The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.
COA reversal: Property manager can’t keep renter’s late fees
A property owner’s lawsuit seeking a class action against a property management company that kept late fees paid by renters was revived by the Court of Appeals on Wednesday. The appellate panel reversed dismissal of the suit and ordered further proceedings.
Retailer properly terminated lease, COA rules in reversal
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.