Case Background

Dwayne Kirkland, a landlord from Avalon, Pennsylvania, rented out a property located at 513 Clearview Avenue in Pittsburgh. Mark Hunter, the tenant, occupied the unit under a lease that ended by October 5, 2024. On September 2, 2024, Kirkland issued a formal notice to vacate. He gave Hunter until October 5 to move out. Kirkland claimed Hunter failed to leave, prompting legal action. The dispute landed in the Court of Common Pleas of Allegheny County.

Cause

The legal conflict stemmed from Hunter’s alleged failure to pay rent and leave the property after the lease ended. Despite the notice, Hunter stayed at the Clearview Avenue residence. Kirkland cited unpaid rent as the primary breach. He also pointed to the lease’s expiration and Hunter’s refusal to vacate. The complaint detailed Hunter’s continued possession as unlawful. Kirkland said demands for rent went unanswered. The ongoing occupancy led to the complaint filing in December 2024.

Injury

Kirkland claimed financial harm due to missed rent payments. He also pointed to possible property damage during the tenancy. His complaint stressed unjust retention of the property. Kirkland stated that Hunter’s refusal to vacate blocked efforts to re-rent or repurpose the space. The prolonged occupation created hardship for the landlord. Kirkland’s certification under penalty of law affirmed the harm and the factual claims in his filing.

Damages

Kirkland sought $4,800 in unpaid rent. He also requested damages for injury to the property. Though no specific repair cost was listed, he flagged physical damage as a concern. Additionally, he claimed compensation for unjust detention of the premises. Kirkland included a request for ongoing rent due during the case. Other unspecified monetary relief was also part of his demand.

Key Arguments and Proceedings

Legal Representation

• Plaintiff: Dwayne Kirkland

• Defendant: Mark Hunter

Claims

Unlawful Possession and Detention

Kirkland asserted that Hunter remained in the property after the lease ended on October 5, 2024. Despite receiving a formal notice to vacate, Hunter refused to leave. Kirkland claimed this amounted to unlawful possession and unjust detention. He requested the court to restore his legal right to the property and compensate him for the lost use.

Unpaid Rent

Kirkland sought $4,800 in unpaid rent. He alleged that Hunter failed to pay over several months and ignored demands for payment. This violated the lease agreement and contributed directly to Kirkland’s financial losses.

Property Damage

Kirkland claimed that Hunter caused damage to the rental unit during his tenancy. While he didn’t specify repair costs, he stated the harm exceeded normal wear and tear. He asked the court for compensation to address the physical damage.

Additional Monetary Relief

Kirkland requested other financial remedies, including ongoing rent due during the legal process and potential court costs. He left room for the court to award further relief as warranted by the facts.

Defense

Existence of a Verbal Agreement

Hunter stated that he and Kirkland entered into a verbal agreement in August 2019. Under this agreement, Hunter would provide property maintenance and related services in exchange for $1,200 per month and the right to reside at the property. He claimed this arrangement continued until Kirkland retired.

Ongoing Duties and Non-Tenancy Status

Hunter argued that his presence at 513 Clearview Avenue was not as a traditional tenant, but rather as part of a contractual work-for-housing arrangement. He asserted that he was fulfilling duties in exchange for compensation and not simply occupying the property under a lease.

Failure of Plaintiff to Perform

Hunter claimed Kirkland breached the agreement by not upholding promises related to repairs and maintenance responsibilities. He highlighted unresolved property issues and alleged that Kirkland failed to maintain the premises as agreed.

Disputed Lease Terms and Rent Obligations

Hunter denied owing the $4,800 in rent. He argued that his compensation included housing as part of the work arrangement. Thus, he viewed the rent claim as inconsistent with their verbal contract.

Counterclaims for Breach and Damages

Hunter submitted counterclaims, asking the court to recognize Kirkland’s breaches and to dismiss the original claims. He also requested compensation or consideration for services rendered and promises unfulfilled by Kirkland.

Jury Verdict

On May 15, 2025, the Court of Common Pleas of Allegheny County ruled in favor of Dwayne Kirkland in his case against Mark Hunter. The jury found that a valid contract existed between the parties and that Hunter breached it.

Kirkland was awarded $4,365.15 in damages. He was also granted legal possession of the property at 513 Clearview Avenue, Pittsburgh, PA.

The court ordered the release of $6,000 in escrow funds to Kirkland. These funds were credited toward the damages awarded.

Hunter’s counterclaims relating to habitability and unjust enrichment were denied. The jury made no findings in his favor.

Court Documents

Complaint

Verdict