Owner Loses

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...

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....