Arne Moltis v. Aleisha Adams

Summary

The Supreme Court of Appeals of West Virginia affirmed circuit court orders concerning a residential landlord-tenant dispute. The court held that the tenant’s recusal motion was untimely and meritless, and that the circuit court did not abuse its discretion in finding the apartment uninhabitable due to a water leak and lack of a working refrigerator. The court upheld the suspension of rent for August and September 2013, the order requiring provision of a working refrigerator, and the direction to resume rent payments in October.

Holdings

1. The circuit court correctly denied Moltis's recusal motion because it was untimely under Rule 17.01 and, on the merits, alleged bias only because the judge ruled for Adams, which was insufficient to establish grounds for recusal.
2. The circuit court did not abuse its discretion by finding the apartment uninhabitable, excusing Adams's rent for August and September 2013, requiring Moltis to provide a working refrigerator within seventy-two hours, and directing Adams to resume paying rent on October 1, 2013.

Questions Presented

1. Whether the circuit court correctly denied Moltis's motion for Judge Bloom's recusal as untimely and meritless.
2. Whether the circuit court abused its discretion by finding the apartment uninhabitable and excusing Adams's rent for August and September 2013, ordering a working refrigerator, and directing rent payments to resume on October 1, 2013.

Disposition

affirmed