Introduction: The December 2025 Legal Landscape
As 2025 draws to a close, American courts are witnessing a surge in landlord-tenant litigation that reflects the post-pandemic normalization of the rental market. From federal housing discrimination cases to state-level eviction disputes, the December 2025 docket reveals significant trends affecting property owners nationwide. This investigative report examines specific cases currently in litigation, analyzes court decisions, and provides strategic guidance for landlords seeking to protect their interests.
North Carolina: Habitability Standards and Landlord Liability
Horne v. Ginkgo Aurora LLC (COA25-238)
Jurisdiction: North Carolina Court of Appeals
Filed: December 3, 2025
Mandate Date: December 23, 2025
Panel Judge: Judge Allegra Collins
Case Number: COA25-238
Key Issue: Implied Warranty of Habitability under North Carolina’s Residential Rental Agreements Act
Case Background: Brian Horne appealed a trial court judgment entered in favor of Ginkgo Aurora LLC and Ginkko OBC LLC. The dispute centers on the landlord’s obligations under North Carolina’s implied warranty of habitability—a critical legal doctrine that defines minimum standards for rental properties. The original complaint was filed in magistrate court on July 28, 2022, as a summary ejectment action, but the case evolved into a broader habitability dispute.
This case is particularly significant for landlords because it directly addresses the scope and enforceability of habitability standards in residential rental agreements. The appellate decision, published on December 3, 2025, provides guidance on how North Carolina courts interpret landlord obligations and tenant remedies.
Pro-Landlord Prevention Strategy: The Horne case underscores the importance of comprehensive property maintenance documentation. Landlords should: (1) conduct pre-lease inspections and document all property conditions with photographs and written reports; (2) maintain detailed records of all repairs and maintenance performed; (3) respond promptly to tenant repair requests in writing, with timestamps and completion dates; (4) schedule regular inspections with tenant notification and consent to identify issues before they escalate into legal disputes.
Federal Housing Discrimination Cases: December 2025 Developments
United States v. William Aaron Asper (E.D. Mich.)
Jurisdiction: United States District Court, Eastern District of Michigan
Filed: December 2, 2025
Plaintiff: United States Department of Justice, Civil Rights Division
Case Type: Housing and Civil Enforcement
Case Background: The Department of Justice filed a federal complaint against William Aaron Asper on December 2, 2025, alleging violations of federal fair housing laws. While specific allegations remain under development, this case reflects the federal government’s continued focus on housing discrimination enforcement during the 2025-2026 period.
Federal housing discrimination cases carry significant consequences for landlords, including potential civil penalties, injunctive relief, and mandatory compliance monitoring. The timing of this filing—early December—suggests the DOJ is prioritizing housing enforcement cases as the year concludes.
Pro-Landlord Prevention Strategy: To avoid federal discrimination allegations, landlords must: (1) establish written, objective tenant screening criteria applied uniformly to all applicants; (2) document all tenant communications and decisions with detailed notes; (3) ensure lease enforcement is consistent across all tenants—apply the same rules, penalties, and remedies regardless of protected characteristics; (4) train yourself and any property managers on Fair Housing Act requirements; (5) maintain records of all tenant interactions for at least three years; (6) consider fair housing insurance and legal review of screening practices.
District Court Proceedings: Local Landlord-Tenant Matters
Robin Hathcock II v. Marquita Shelton and Tea Pashby
Jurisdiction: 3B District Court
Hearing Date: December 5, 2025
Additional District Court Hearings
December 8, 2025: Landlord-Tenant Matters, 3B District Court
December 12, 2025: Landlord-Tenant Matters, 3B District Court
Case Background: District court dockets across the nation show a consistent volume of landlord-tenant disputes throughout December 2025. The Hathcock case, heard on December 5, represents typical local disputes that form the backbone of residential rental litigation. District courts handle summary ejectment (eviction), non-payment of rent, lease violations, and security deposit disputes—the most common landlord-tenant conflicts.
The frequency of December hearings (December 5, 8, and 12) indicates that courts are maintaining active dockets despite the holiday season, suggesting landlords should not expect delays in eviction or enforcement proceedings.
Pro-Landlord Prevention Strategy: District court cases are won or lost on documentation and procedural compliance. Landlords should: (1) maintain a complete tenant file including signed lease, all communications, payment records, and violation notices; (2) follow state-specific notice requirements precisely—improper notice can result in case dismissal; (3) photograph and document property conditions before tenant move-in and after move-out; (4) keep detailed records of all rent payments and late fees; (5) provide written notice of lease violations with specific dates and details; (6) allow reasonable cure periods as required by law.
Chicago Winter Eviction Moratorium: Strategic Implications for Landlords
Cook County has implemented a winter eviction moratorium for 2025-2026, prohibiting tenant evictions between December 19, 2025, and January 5, 2026. This two-week moratorium affects landlords in the Chicago area and demonstrates the continued use of seasonal eviction restrictions in major metropolitan areas.
Pro-Landlord Strategy: Landlords in jurisdictions with winter moratoriums should: (1) initiate eviction proceedings before the moratorium begins—file all necessary paperwork by December 18, 2025; (2) plan non-payment cases strategically around moratorium dates; (3) focus on lease violations and property damage issues that may not be subject to moratorium restrictions; (4) document all violations and non-payment incidents during the moratorium period to establish a strong case for post-moratorium proceedings.
National Trends: What December 2025 Cases Reveal
Increased Federal Enforcement: The December 2, 2025 DOJ filing against William Aaron Asper signals continued federal focus on housing discrimination. Landlords must ensure their screening and enforcement practices are defensible under federal law.
Habitability Standards Under Scrutiny: The Horne v. Ginkgo Aurora LLC decision reflects courts’ willingness to impose strict habitability standards on landlords. Property maintenance is no longer optional—it is a legal requirement with significant liability exposure.
Persistent Seasonal Restrictions: Winter moratoriums in major cities like Chicago continue to limit landlords’ ability to enforce evictions during winter months. Strategic planning around these dates is essential.
Consistent District Court Activity: The volume of district court hearings throughout December indicates that courts are maintaining normal operations despite the holiday season. Landlords should not expect delays in proceedings.
Comprehensive Pro-Landlord Action Plan for 2026:
- Documentation Excellence: Implement a system for documenting all tenant interactions, maintenance requests, repairs, and communications. Use written notices for all lease violations.
- Lease Compliance: Use AAOL-vetted lease templates that comply with current state law and clearly define tenant obligations and landlord remedies.
- Proactive Maintenance: Schedule regular property inspections and address maintenance issues promptly. Document all repairs with dates and completion records.
- Fair Housing Compliance: Establish objective, written screening criteria and apply them uniformly to all applicants. Train yourself on Fair Housing Act requirements.
- Strategic Timing: Plan eviction proceedings around seasonal moratoriums and court schedules. File early to avoid delays.
- Professional Consultation: Consider consulting with a landlord-tenant attorney before initiating enforcement proceedings to ensure compliance with all procedural requirements.
Conclusion
December 2025 presents a complex legal landscape for American landlords. Federal enforcement actions, state-level habitability disputes, and persistent seasonal restrictions require landlords to be strategic, well-documented, and legally compliant. The cases highlighted in this report—from North Carolina’s habitability standards to federal discrimination enforcement—demonstrate that landlords who maintain meticulous records, follow procedural requirements precisely, and stay informed about changing regulations are best positioned to protect their interests and prevail in litigation.
The American Association of Landlords (AAOL) provides members with essential resources, including vetted legal templates, legislative updates, and state-specific compliance guides. Landlords who leverage these resources and maintain professional standards are significantly more likely to succeed in court and avoid costly disputes.
