Owner Loses

Landlord Is Liable for Negligence on Property It Leases to Tenant

April 22, 2019    

What Happened: This case began when an Alaska Marine Highway System (AMHS) employee fell 15 feet after the passenger ramp she was operating collapsed. The employee sued the landlord, the Port owner, for negligence due to a defect on the property. A federal jury awarded her more...

Lease Lets Tenant Off Hook for Causing Careless Property Damage

March 28, 2019    

What Happened: A retail tenant in Michigan moved out of the space in...

Guaranty Must Be 'Continuing' to Create Obligation Past Initial Terms

February 12, 2019    

Facts: A retail tenant signed a lease with one three-year renewal option. The landlord required a guaranty in order to move forward with the deal. After the initial lease term and renewal were complete, an amendment extended the option to renew for five years and increased the...

Landlord's Insurer Can't Seek Subrogation from Tenant

January 17, 2019    

Facts:A landlord and a tenant signed a lease that provided that the landlord would insure the building and the tenant would insure its personal property inside the...

Tenant's Yellowstone Injunction Appropriate Pending Outcome of Late Rent Claims

December 12, 2018    

Facts: A tenant rented space for its office on two floors of a building. When it attempted to exercise its option to renew its lease for an additional five-year term, the landlord offered to buy out the lease, but the tenant rejected the offer. A few weeks later, the tenant...

Jury Trial Needed to Determine Maintenance Responsibility

November 14, 2018    

Facts: A jewelry store tenant that leased space in a shopping center complained repeatedly about a sewage smell and mold problem in the store. It claimed that it was losing business. Its complaints were documented in multiple emails over the course of several months. For its...

Landlord Must Complete Improvements to Collect Rent Under Lease

April 30, 2018    

Facts: A marine supply store signed a lease for retail space. Under the lease, the owner of the space needed to complete improvements to the property before delivering possession. The lease included the following in its definition of “delivery”: “Landlord...

Tenant Didn't Waive Right to Collect Damages for Medical Equipment

April 30, 2018    

Facts: The space that a medical office tenant leased for its operations was flooded several times due to leaks in the building’s roof. Each time a flooding incident happened, the tenant informed the owner, who refused to make repairs. The tenant lost over $1.5 million in...

Trial Necessary to Determine Whether Cotenancy Clause Constituted "Liquidated Damages"

April 10, 2018    

Facts: A clothing retailer tenant signed a lease for space at a shopping center. The lease included cotenancy provisions that required the owner to lease space to three major tenants. If all three tenants were open and operating continuously, the retail tenant paid minimum rent...

Landlord's Board Testimony Regarding Damages Was Improper

March 27, 2018    

Facts: A dry cleaning business subleased space in a shopping center. The business owner was also the guarantor on the sublease. The subtenant prematurely vacated the space. The landlord sued the subtenant. A trial court ruled in favor of the landlord, awarding it $343,000 in...

Trial Required to Determine Whether Owner Took Control of Premises

January 23, 2018    

Facts: An owner and tenant signed a lease for a four-story parking garage with two retail spaces below it. The owner served the tenant with a written notice to cure 21 lease violations primarily related to the physical deterioration of the building caused by the tenant. In...

Owner Is Responsible for Common Area Maintenance

December 20, 2017    

Facts: The owner of a movie theater signed a lease for space at a mall. Over a period of time, maintenance issues, like timely garbage removal, became apparent. The tenant asked the owner to take care of maintenance and upkeep, asserting that the lease and common area...