Owner Wins

Money Damages-Only Lease Clause Isn’t ‘Unconscionable’

June 17, 2020    

What Happened: A lease contained the following provision: “None of Landlord’s obligations under this lease shall be subject to specific performance or injunctive remedies, and Tenant waives all rights with respect to such remedies.”

This clause basically...

Oral Promise of an Exclusive Not Reflected in Lease

June 17, 2020    

What Happened: “We would have never signed the lease without the landlord’s promise to evict the existing chiropractor tenant and make us the lone and exclusive chiropractic clinic in the shopping center,” claimed the tenant.

The landlord denied making...

Word 'Or' in Renewal Option Is Typo, Not Option to Renew Without Notice

May 19, 2020    

What Happened: A lease stated: “Tenant shall have the right and option to extend the Term for one (1) three (3) year option, exercisable by giving Landlord prior written notice, at least six (6) months in advance of Expiration Date, or Tenant’s election to extend...

Lease with No Specific Termination Date Can Be Terminated at Will

May 19, 2020    

What Happened: Soon after acquiring a hotel, the new owner terminated the lease with the beachside scuba rental concession tenant. The tenant cried foul and sued for damages. The case all turned on the following lease clause: “Term: this lease shall be enforced commencing...

Mall of America Avoids Getting Stuck with Sears’ Bankruptcy Assignee

April 7, 2020    

What Happened: When Sears went bankrupt, its...

Landlord Not Liable for Tenant's Lost Profits Caused by Construction Work

April 6, 2020    

What Happened: For Knicks fans, the Michael Jordan’s Steakhouse in the middle of New York City’s Grand Central Station must have felt like an anomaly doomed to fail. And, ultimately, it did. The restaurant...

Mall of America Avoids Getting Stuck with Sears’ Bankruptcy Assignee

March 17, 2020    

What Happened: When Sears went bankrupt, its...

Tenant Responsible for Landlord’s Property Removal Costs

March 17, 2020    

What Happened: A landlord sued a warehouse tenant for unpaid rent and the $9,000 it spent to remove the seven trailers, two tractors, two refrigerators, two pianos, furniture, and other property the tenant left behind after being evicted. While admitting liability for the rent,...

Landlord's Settlement with Tenant Doesn't Let Guarantor Off the Hook

February 19, 2020    

What Happened: Roughly 18 months into a five-year lease, the landlord...

No Relocation Benefits for Tenants Forced Out by Sale to Government

February 19, 2020    

What Happened: A city in Oregon purchased commercial property that it intended to develop for a City Hall. The sale agreement required the owner to deliver the property free of tenants. The owner kept its end of the bargain by informing the tenants of the sale, ending their...

Subway Not Liable for Franchisee's ADA Violation

February 19, 2020    

What Happened: After experiencing what he felt was rude and humiliating treatment by a Subway employee while ordering a steak sandwich, a customer brought an ADA lawsuit against not just the restaurant where the incident happened but the franchisor company, which it claimed was...

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...