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VND12/19/2003
44-45. The situation between Leevers and VND is distinguishable because there are not two independent promises; in this case rent has been overpaid, and a credit is due. We conclude failure to pay rent when a credit is due cannot justify a summary eviction and cannot be said to be a breach of the lease.
[ ] The district court did not specifically conclude whether the additional rents were rents for the purposes of summary eviction. The district court did, however, conclude South Forks was distinguishable from the present case. The district court found the parties had several disputes related to common area maintenance charges and Leevers had been correct on most of the issues raised. The district court found VND repeatedly overbilled Leevers for items not allowed by the terms of the lease.
[ ] Although the district court's findings of fact and conclusions of law should be stated to afford us a clear understanding of the court's decision, the findings are adequate if we can understand from them the factual basis for the district court's determination. Gross v. Sta-Rite Industries, Inc., 322 N.W.2d 679, 682 (N.D. 1982). " lthough findings of fact could be more definite, [lack of specificity] alone does not make them erroneous." Id. We conclude the district court did not err in denying an action for summary eviction on the basis of Leevers' failure to pay rent. Further, its findings adequately inform us of the basis for the decision.
B.
[ ] VND argues the district court erred in failing to summarily evict for material breach of the lease, because Leevers owed past due pro-rata insurance premiums under the lease. VND argues Leevers admitted to owing the premiums and the district court mischaracterized its admission as a settlement. VND argues that even if Leevers does not owe premiums under the lease, it owes the premiums on the basis of custom and usage, waiver, and laches.
[ ] The district court in its Memorandum Opinion stated:
A question of the liability insurance and a prorating of that liability insurance and the cost of the liability insurance has been a recent issue. After meeting with counsel the Court suggested that the defendant, because of its prior payment of the percentage of the premises liability insurance continue to maintain that relationship by paying the liability insurance. In open court the defendant agreed to make the liability insurance payment. Once the liability matter had been settled . . . .
The finding on this matter stated:
10. The Defendant gave notice to the Plaintiff that they were no longer going to pay for 57.22 percent of the Plaintiff's cost of purchasing liability insurance because the language of the lease did not require this payment. The Defendant agreed prior to the hearing to resume paying for this insurance and to reimburse the Plaintiff for the pro-rata cost for those months when such insurance was not paid.
The district court also found no material breach of the lease agreement.
[ ] Section 33-06-01(8), N.D.C.C., provides that an action of eviction to recover the possession of real estate is maintainable in the proper district court when the "lessee violates a material term of the written lease between the lessor and lessee."
[ ] " hether there has been substantial performance of a contract is a question of fact. The question of whether a lease has been fully complied with should also be treated as a finding of fact because the rules of construction relating to contracts generally apply to the construction of leases." Kolling v. Goodyear Tire and Rubber Co., 272 N.W.2d 54, 60 (N.D. 1978).
[ ] "Whether a contract
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