Owner Loses

Tenant Entitled to Early Termination for Space Converted to Housing

September 30, 2010    

Facts: An office building tenant moved out of its space, but continued to fulfill its lease obligations until the property manager notified it that several previous subcontractors hired by the owner were occupying the space. The subcontractors, all of whom were unauthorized to be on the...

Mall Manager Responsible for Replacing Faulty Ladder

July 25, 2010    

Facts: A sporting goods store tenant at a shopping mall hired a contractor to hang its sign and provided a ladder for him to use while working. The contractor claimed that he had warned the tenant and mall manager that the feet on the ladder were worn out, but was told to “just...

Lifestyle Tenant Can Terminate After Co-Tenancy Requirements Not Met

July 25, 2010    

Facts: A lifestyle center comprised of condominiums, retail stores, and restaurants was to be constructed in three phases. A bookstore tenant signed a lease with the lifestyle center's owner for retail space in a building that was not yet completed. Under the lease, the tenant was...

Property Manager Entitled to Compensation for 17 Years of Past Services

June 29, 2010    

Facts: A property manager was hired by his father-in-law, the owner of a struggling shopping center, to manage the property. The owner agreed to compensate the property manager at some point in the future, when or if the center became profitable. The property manager agreed, believing...

Definition of “Gross Leasable Area” Ambiguous in Lease

June 29, 2010    

Facts: An electronics franchise signed a lease with the owner of a retail lifestyle center.

No Duty to Maintain Common Areas Controlled by Owner

May 31, 2010    

Facts: A customer was injured when he fell on ice in the parking lot of shopping center that consisted of a several businesses in stand-alone buildings, including a national home improvement tenant. The home improvement tenant's lease required the owner and property manager to...

Owner Owes Duty of Extraordinary Care to Elevator Passengers

April 27, 2010    

Facts: Two tenant employees were trapped and repeatedly bounced up and down uncontrollably for almost an hour and a half in a malfunctioning elevator in the office building where they worked. The office building was owned and managed by a commercial property management company. Both...

Foreign Substance Requires “Reasonable Care” Warning

April 27, 2010    

Facts: A customer slipped and fell on the lobby floor of a Post Office while trying to mail a letter for his employer, injuring his face and head. The customer claimed that he slipped because the lobby floor was wet due to other customers tracking water into the Post Office during a...

City and Owner Share Maintenance Duty for "Special Use" of Sidewalk

April 11, 2010    

Facts: A pedestrian was injured when he fell through a concrete-filled metal grate in a public sidewalk. The grate covered a defunct stairwell to the basement of a building on the property abutting the sidewalk. The stairwell had been reconstructed with the grate by the abutting property...

Tenant's Exclusive Use Provision Applied to Other Buildings

February 1, 2010    

Facts: A fast-food restaurant had an exclusive right to sell “sandwiches and subs” in a shopping center that consisted of three buildings (Building A, Building B, and Building C). The fast-food restaurant tenant was located in Building A.

Owner Not Allowed to Profit from Wrongdoing

November 23, 2009    

Facts: An owner of a Miami, Fla., office building that was still under construction signed a 10-year lease with a tenant under which the tenant would move in 90 days after completion of the building. The lease was signed by one of the owner's employees and the tenant's president...

Inventory Location Not Basis for Lease Termination

October 18, 2009    

Facts: After signing a lease and moving into its new space, a tenant was notified via inspection that its sprinkler system violated several fire code provisions and that it was storing merchandise too close to the sprinkler riser. The tenant asked the owner to correct the sprinkler system...