Owner Loses

No Evicting Tenant for Slight Delay in Curing Rent Nonpayment During COVID

October 21, 2020    

What Happened: Bed Bath & Beyond (BB&B) didn’t provide the necessary sales records to verify its percentage rent payments, concluded the landlord’s auditor in the spring of 2017. The landlord didn’t talk to BB&B or otherwise follow up on the audit....

Court Orders Landlord to Stop Blockading Tenants’ Customer Access Roads

July 24, 2020    

What Happened: It was a long running dispute: The landlord thought the tenant owed Terminal Usage Fees; the tenant disagreed. In a civil society, there are courts to resolve these types of disputes. But instead of filing a lawsuit, the landlord took matters into its own hands by...

Landlord Must Pay $19.5K for Harassing Tenant

May 19, 2020    

What Happened: While laws banning landlords from harassing tenants are common in residential settings, New York is one of the few states that extends this protection to commercial tenants. A small landscaping business owner claimed that her landlord crossed the line by filing...

Cabinets and Monitors Are 'Trade Fixtures' that Tenant Can Remove

April 6, 2020    

What Happened: Ultimately, the tenant who leased property to open a marijuana retail store was found to have no excuse for moving out and not paying rent. But there was another question the court had to decide: Did the tenant have the right to take the bolted-down glass display...

Duty to 'Perform' Improvements Includes Duty to Pay for Them

March 17, 2020    

What Happened: The following clause, which refers to California Title 24 requiring buildings to meet specific energy efficiency standards, was at the center of a dispute between a landlord and its optical components manufacturing tenant:

...

Tenant Not Responsible for Attack in Parking Lot

March 17, 2020    

What Happened: Two unknown assailants attacked a GameStop customer in the parking lot of the property it leased. The customer sued GameStop for negligence. GameStop argued that it's not liable for what happened in the parking lot, because it doesn’t control that...

Landlord Can't Collect Waste Damages While Lease Remains in Effect

December 23, 2019    

What Happened: A landlord discovered that a tenant had removed landscaping, added a sidewalk, and made other major structural alterations without notifying or getting the landlord’s consent as the lease required. The failure of the unauthorized alterations to meet building...

Landlord Wrongfully Withheld Tenant’s Security Deposit

December 12, 2019    

What Happened: For five years, a tenant leased space in Houston for use as a bar. After the lease ended, the tenant asked the landlord to return its $11,400 security deposit. When the landlord didn’t respond, it filed a lawsuit. The landlord countersued, claiming that the...

Was Tenant's Agreement an Assignment or Sublease?

December 12, 2019    

What Happened: A pizzeria tenant transferred its interests in a five-year lease to two individuals via an agreement called an “assignment.” When the individuals stopped paying rent with 14 months left on the lease, the landlord sued the tenant for payment of the $...

Ordinary Wear and Tear ≠ Grounds for Eviction

November 21, 2019    

What Happened: After doing an inspection, the landlord tried to evict the U.S. Postal Service (USPS) for violating its lease obligation to keep the premises in good repair, citing among other things:

  • Moss, birds, and bird droppings on the roof;
  • Safety...

Did Landlord Drag Its Feet on Repairs to Force Tenant Out?

November 21, 2019    

What Happened: Flooding caused by the bursting of a frozen sprinkler pipe forced a Boston specialty supermarket tenant to temporarily evacuate. After three months of waiting for the landlord to make the needed...

Failure to Certify Costs Dooms Landlord’s CAM Collection Case

November 21, 2019    

What Happened: A landlord sued a retail tenant for, among other things, not paying CAM charges. The tenant acknowledged its failure to pay but claimed it wasn’t liable because the landlord didn’t provide the...