This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case involves a dispute over a rental agreement made in 2017 between the Plaintiff and Defendants. According to the agreement, the Plaintiff was to make monthly rental payments from March 2017 to February 2018, after which the Defendants were required to enter into a new real estate contract that recognized some equity the Plaintiff had accumulated under a prior contract. The Plaintiff failed to make several timely rent payments during the specified period, leading to the Defendants' decision to terminate the lease and evict the Plaintiff from the property (para 2).
Procedural History
- District Court, August 10, 2018: The court dismissed Plaintiff’s complaint for "harassment and money," ordered her to vacate the property, and determined that Plaintiff had breached the 2017 agreement by failing to make timely rent payments (para 2).
- District Court, November 26, 2018: Denied Plaintiff’s post-judgment motion and issued a writ of restitution for Plaintiff’s removal from the property (para 3).
Parties' Submissions
- Plaintiff: Argued that it was unfair to deny her the opportunity to continue making payments on the property or to at least be reimbursed for rental payments made during the course of the agreement (para 5).
- Defendants: Contended that the Plaintiff breached the 2017 rental agreement by failing to make timely rent payments, which under the terms of the agreement, entitled them to terminate the lease and evict the Plaintiff (para 2).
Legal Issues
- Whether the district court erred in dismissing the Plaintiff's complaint and ordering her eviction based on her failure to make timely rent payments under the terms of the 2017 rental agreement.
- Whether the Plaintiff was entitled to continue making payments on the property or to be reimbursed for rental payments made during the course of the agreement despite the breach of the rental agreement.
Disposition
- The Court of Appeals affirmed the district court's order dismissing the Plaintiff's complaint and the subsequent eviction order (para 6).
Reasons
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Per VANZI, J. (ZAMORA, J. and IVES, J. concurring): The Court of Appeals reviewed the evidence in the light most favorable to the trial court's findings and applied a de novo standard of review for legal conclusions. The court found that the Plaintiff's failure to make timely rent payments was uncontroverted and, under the plain terms of the 2017 agreement, this breach entitled the Defendants to terminate the lease and evict the Plaintiff. The court also noted that any potential use of prior rental payments towards equity in the property was contingent on timely rent payments, and the Defendants' occasional waiver of late payments did not obligate them to enter into a new purchase agreement. The district court, as fact-finder, was entitled to reject the Plaintiff's version of events regarding waiver (paras 4-5).
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