Owner Loses

Nonbinding Letter of Intent Not Equal to Contract

April 28, 2009    

Facts: A large retail bank approached an owner about leasing space so that it could open a branch. After several discussions and an assessment of the premises, the bank determined that the premises would not be suitable for its design. As a result, the bank sought and found suitable space...

Acceptance of Surrender Eliminates Right to Collect Rent

February 26, 2009    

Facts: In 2005, an owner and tenant entered into a five-year lease. In May 2007, after the tenant failed to pay its rent and placed a “Store Closing” sign in its window, the owner began looking for a replacement tenant.

The owner signed a lease with a new tenant for a...

Failure to Provide Leak-Free Roof Constitutes Breach

February 1, 2009    

Facts: Shortly after signing a lease, the tenant experienced significant leaking from the roof of her building. After several attempts by the owner to fix the leaking roof and an eventual roof replacement, the tenant moved back into the space. Another storm caused additional water damage...

Tenant Improvements Did Not Violate Lease Restriction

January 1, 2009    

Facts: In exchange for a significant rent increase, an owner agreed not to lease space to any business that sold the same types of products as the tenant.

Owner's Actions Can Create Tenant Property Interest

January 1, 2009    

Facts: A tenant decided to turn over ownership of its business to an employee. The employee informed the owner orally that he was taking over the tenant's business, but did not go through the formality of having the space assigned with a lease agreement. The owner continued to accept...

Owner's Failure to Offer Defense Solidifies Damage Claim

November 30, 2008    

Facts: An owner and a tenant entered into a five-year lease. During the end of the third renewal period, the tenant was informed that a new owner planned to demolish the building. The tenant tried to find an alternative space, but the new owner refused to let the tenant out of the lease...

Issues Not Addressed in Settlement Agreement Require Separate Lawsuit

November 30, 2008    

Facts: An owner sued its tenant for nonpayment of rent. Before the trial, the owner and tenant settled the dispute and entered into a settle agreement. The trial court approved the terms and retained authority to enforce them. The tenant agreed that if it violated any of the financial...

Payment to Court Isn't Proof of Default

November 30, 2008    

Facts: An owner sued a tenant, claiming that it owed past-due rent. The amount was in dispute. The owner submitted two separate amounts, with one being substantially larger than the other. In accordance with state law, the tenant deposited the disputed amount in an account managed by the...

'As Is' Clause Doesn't Apply to Profitability of Business

October 31, 2008    

Facts: A tenant and an owner discussed the value and potential of a business for sale, and then entered into a lease agreement that allowed the tenant to lease the property, the business, and all of its contents for a specified amount with an option to purchase. The document signed by...

Lack of Witness at Lease Signing Doesn't Negate Agreement

October 31, 2008    

Facts: An owner operating as a limited liability company (LLC) signed a 10-year lease with a tenant while the building was still under construction. When the building was almost completed, the owner backed out of the deal, claiming that the lease was not valid, because there were no...

Owner's Refusal to Grant Access Equals Partial Eviction

September 25, 2008    

Facts: An owner and a tenant entered into a lease agreement that gave the tenant exclusive access to the reception area, a lunchroom, a conference room, and reserved parking spaces. The property was eventually transferred to a new owner that refused to grant access to the areas...

Defective Lease Execution Negates Original Lease Terms

September 25, 2008    

Facts: A tenant entered into a lease with an owner, but at the lease signing, an individual whose capacity was undetermined signed the lease on the owner's behalf. After a dispute over on-site equipment, the tenant vacated the premises before the end of its lease.