in the Court of Appeals 26 March 2019.
by defendants from order entered 15 May 2018 by Judge William
F. Southern, III in Surry County, No. 17 CVD 1899 District
Daniel Barrett for plaintiff-appellee.
Randolph M. James, P.C., by Randolph M. James, for
Dwain Angel and his son Wyatt Dwain Angel leased a hangar at
the Mount Airy-Surry County Airport for more than ten years.
In late 2017, with little more than a week's notice, the
airport told the Angels that the lease was terminated and
they must vacate the hangar.
acknowledge that the Angels presented evidence indicating
that they were treated differently from other airport
tenants, and that a lawsuit whose pleadings became a part of
the record in this case allege there is much more to the
parties' dispute than a mere disagreement over a hangar
this appeal concerns only the application of settled contract
law principles to a proceeding for summary ejectment.
Applying those principles here, the Angels have not
forecasted sufficient evidence to create any genuine issues
of material fact. By 2017, the parties' lease arrangement
was on a month-to-month basis. Thus, the trial court properly
entered summary judgment in this case.
and Procedural History
May 2011, Dennis Dwain Angel and his son Wyatt Dwain Angel
entered into a three-year lease agreement with Mount
Airy-Surry County Airport for Hangar #5. The rent was $2, 400
per year due in monthly $200 payments. The lease term was
from 1 June 2011 to 31 May 2014.
lease agreement contained a "Renewal Option" and a
provision for "Holdovers":
(19) Renewal Option: In the event Tenant is not in
default of the terms, covenants and conditions of this
agreement, Tenant and Landlord may agree to renew this lease
at the expiration of the original term for one (1) year on
the same terms and conditions contained herein, except for
the fixed minimum monthly rent which shall be at a negotiated
amount. Such renewal agreement shall be made in writing on or
before the termination of the original term. Notwithstanding
the provisions contained herein, under no circumstances may
this agreement be renewed or extended to a date more than 5
years beyond the original beginning date set forth herein.
(20) Holdovers: Except as provided above, continued
occupancy of the premises beyond the initial lease period, or
beyond any renewal period, shall be on a month-to-month
lease was not renewed in writing before the contract's
expiration on 31 May 2014. But the Angels did not vacate the
hangar at the end of the original lease term. Instead, they
continued to pay the airport $200 per month to use the
hangar. This went on for more than three years, including a
period in 2017 ...