Elder Abuse / Settled During Trial

Case: Lease dispute in the context of elder abuse.

Our client is elderly and owned a substantial property. She misguidedly granted a lease over her land for peppercorn rent to her adult child to assist her in a joint venture to grow vines. Her child used their rights under the lease to gain advantage from our client. There were instances of family violence that led our client to abandon her property. She wanted to terminate the lease have remove her daughter from her property.

Action/ Breach of lease

Result/ Lease terminated and settled during trial

We reviewed the lease and sent breach notices to the defendant, some of which were not remedied and a termination notice was served. The defendant refused to vacate the property. Our client initiated action in the District Court to have the lease declared terminated. During trial, the judge made comments that were consistent with our client’s position. The defendant made contact to settle the case and an agreement reached that included acknowledgment that the lease was terminated.

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