Owner Wins

Lease Clearly Shows that Landlord Owns Tenant Improvements

January 23, 2020    

What Happened: Erection of a reception desk and bar fixture containing sinks for mixing hair color were among the improvements made at the landlord’s expense before a hair salon tenant moved in and opened shop. The reception desk and color bar were also among the assets...

No Constructive Eviction Where Tenant Didn’t Notify Owner of Sewage Problem

January 23, 2020    

What Happened: After experiencing repeated problems with the building sewage system, a bank branch tenant decided to move out. In its notification letter, the tenant claimed that it was subjected to “hazardous environmental conditions”—namely, mold and sewage...

Tenant's Nuisance Claim Against Owner Isn’t an Open-and-Shut Case

January 23, 2020    

What Happened: Sharing an office building with a gym where individuals and classes deliberately dropped free weights to the ground as part of their “Cross Fit” training made it hard for a tenant to carry out its radiation practice in peace. Frustrated with its...

How Much of Replacement Tenant’s Rent Must Landlord Offset Against Original Tenant’s Debt?

December 26, 2019    

What Happened: An auto detailing tenant acknowledged installing a parking lot area without the landlord’s authorization and then vacating with 19 months remaining on the lease. The question: How much, if any, of the rent the landlord received from the new tenant...

Eviction Court Had No Authority to Cut Tenant’s Rent

December 24, 2019    

What Happened: After spending more than $45,000 for improvements, a tenant claimed that it discovered that the premises it leased for five years for use as a hair salon was only 452 square feet rather than the 600 square feet the landlord represented. So the tenant asked for a...

Tenant Took Too Long to Send Renewal Notice

December 12, 2019    

What Happened: In 2016, a grocery store tenant tried to renew the 15-year lease it signed in 1999, but the landlord claimed that it was too late because the six-month renewal window had already expired. The issue: When did the lease actually begin? The landlord claimed...

Procedural Slips Doom Tenant’s Contract Claims Against Landlord

December 12, 2019    

What Happened: A tanning salon tenant sued its landlord for breach of contract but listed the wrong corporate name. Before the tenant could file an amended suit...

Tenant Accidentally Waives Its Co-Tenancy Rent Cut Rights

October 28, 2019    

What Happened: A shopping center lease let the tenant pay reduced rent if an anchor closed and wasn’t replaced within 120 days. In July 2016, an anchor tenant, Sports Authority, closed and the landlord didn’t find a replacement for nearly three years. But the tenant...

Landlord Not to Blame for Office Tenant’s Desktop Fall

October 28, 2019    

What Happened: After safely pulling off the stunt on several occasions, an office tenant who climbed onto his desk and used a broomstick to close hard-to-reach blinds fell to the floor and broke his spine. Blaming his injuries on the landlord’s failure to maintain the...

Must Tenant Pay Rent If Improvements Aren't Done Yet?

September 17, 2019    

What Happened...

Landlord Not to Blame for Tenant's Garbage Dumping Woes

September 17, 2019    

What Happened: After years of letting a pizzeria dump its trash in its alley, a neighboring property owner said no more and locked the gateway. At first, the...

Disposing of Tenant Property After Lawful Eviction Isn't Conversion

August 20, 2019    

What Happened: When the tenant and surety didn’t show up for the eviction proceeding, the court awarded the landlord default judgment. The landlord then sent the tenant and surety notice to collect their personal property and...