Elk Creek Management Company v. Gilbert

Facts

The defendant, Gilbert, was a tenant in property owned by the plaintiff, Elk Creek. Sometime before May, 19, 2009, GIlbert made some sort of general complaints to Elk Creek about the electrical system on the property. Elk Creek’s property manager had also noticed an issue and became concerned about the property’s electrical service. On May 19, Elk Creek gave Gilbert written notice that it wanted to do a “walk-through” of the premises. The notice indicated that Elk Creek was going to check out the breaker box and bathroom floor. After the initial walkthrough, the property manager indicated Elk Creek wanted to do a second walk-through on June 16. On June 16th, Elk Creek, the property manager, and a licensed electrician made the second walk-through, and the electrician recommended Elk Creek make repairs to the electrical system. It was apparent to everyone that the repairs would involve a “cost to the owner.” The following afternoon the property manager called Gilbert and informed them Elk Creek had decided to terminate their lease. The following day, Gilbert received a 30-day no-cause termination notice with a note from the property manager indicating he was sorry to have to give the notice, and that Elk Creek had several repairs including updating the electrical.