Owner Loses

Tenant Gets Rent Abatement Due to Damage It Should Have Prevented

October 28, 2019    

What Happened: A car dealership property was vandalized after the tenant took possession but before it opened. The tenant couldn’t use the space for three-and-a-half months but continued to pay the rent. After repairs were done, the tenant asked for a rent abatement under...

Listing Wrong Company Name Doesn't Defeat Tenant’s Renewal Notice

September 17, 2019    

What Happened: In seeking to exercise its five-year lease renewal option, retail tenant Intermix did just about everything right. The notice was timely; it was in proper written form; and it clearly stated Intermix’s intent to renew. But the officer who executed the option...

Owner Wrongfully Withheld Tenant's Security Deposit

July 21, 2019    

What Happened: After 30 years of running a Dunkin’ Donuts out of the space, a tenant decided not to renew the lease. The tenant left the space broom-clean and removed all the counters, shelving, display cases, and doughnut shop-related furniture. The owner claimed the...

Loss of Shopping Center Tenant Triggers Co-Tenancy Rent Cut

July 21, 2019    

What Happened: A shopping center lease contained a co-tenancy clause giving a tenant a reduced rent if occupancy by major retail tenants fell below 70 percent....

Landlord Must Pay Tenant’s Attorney’s Fees

June 24, 2019    

What Happened: After bringing a successful anticipatory breach claim...

Landlord Can’t Sue Wal-Mart for Backing Out of Lease Negotiations

June 24, 2019    

What Happened: After years of fruitless negotiations, Wal-Mart decided to pull out of discussions for a long-term ground lease but didn’t notify the would-be landlord until months later. Having invested so much time and money in trying to secure the ground lease, the...

Restaurant Claims Lack of Parking Ends Its Duty to Pay Rent

June 6, 2019    

What Happened: A tenant wanting to open a new restaurant in Dallas expressed concern about the lack of nearby offsite parking but signed the lease anyway. The landlord set out to find more parking but was unsuccessful. As a...

Renewal Reminder = Waiver of Landlord's Right to Renewal Notice

June 6, 2019    

What Happened: A landlord sent an email to a restaurant tenant with the following message:

Reminder of increase and renewal

I just wanted to remind you that your first five-year lease agreement...

'As Is' Clause Doesn’t Excuse Failure to Provide Accurate Information about Property

June 6, 2019    

What Happened: Tenants leased space in a Long Beach, Calif., shopping mall for use as a live music and entertainment venue. But when they opened their doors, they got lambasted with noise complaints from other tenants. Turn down the...

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...