Owner Wins

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...

Lease Bars Tenant's Claims for Lost Profits During Renovation Work

August 20, 2019    

Section 7: [T]here shall be no allowance to Tenant for a diminution in rental value, and no liability on part of Landlord by reason of inconvenience, annoyance or injury to person(s), property or business arising from the making of...

Increasing Tenant's Real Estate Tax Share Isn't Fraud or Lease Violation

August 20, 2019    

What Happened: A shopping center lease requires the anchor tenants, which are also partial owners, to pay a fixed part of the property’s real estate taxes, and allocates the remaining tax liability to the non-owner tenants proportionally on the basis of square footage...

Not Constructive Eviction to Cut Tenant's Electricity If Lease Allows It

July 21, 2019    

What Happened: To the owner, this was an open-and-shut case: The fashion store tenant it evicted owed unpaid rent. To the tenant, it was more complicated than that. The tenant contended that the owner committed constructive eviction by cutting off its electricity. The court...

Tenant Responsible for Defective Sidewalk

July 21, 2019    

What Happened: The case began when a shopper tripped on the gap of a sidewalk outside a grocery store leased by Pathmark. Since the owner was now bankrupt, the victim’s case hinged on a single question: Was Pathmark, as tenant, liable for the defective sidewalk? Pathmark...

New Landlord Not Saddled with Rent Payment Waivers of Its Predecessor

June 24, 2019    

What Happened: A landlord sued to evict a physician tenant for not paying rent. While acknowledging that she was five months in arrears, the tenant noted that she had been allowed to pay late two years earlier without being charged late fees and that the landlord had thus waived...

No Lawsuit Until Landlord Gets Chance to Stop One Tenant from Violating Another’s Exclusive

June 24, 2019    

What Happened: A Colorado shopping center leased 7,000 square feet of space to a tenant “for the purposes of operating indoor golf simulators, to include the sale of golf-related apparel, a ‘fast casual...

Not Carrying Required Insurance Is Uncurable Violation

May 20, 2019    

What Happened: A landlord sued to evict a spa tenant for violating its lease obligation to maintain a general liability insurance policy. The spa acknowledged the violation but asked the court to toss the lawsuit because the landlord never gave it the formal notice and...

Failure to Complete Improvements Is Grounds for Eviction

May 20, 2019    

What Happened: On Jan. 6, an airport authority assigned a lease to a hotel tenant requiring the latter to install a full-service bar, swimming pool, and other improvements and operate under a nationally recognized chain brand name by Dec. 31. But the hotel met neither obligation...

Underestimating Expected CAM Costs Wasn’t Fraudulent Inducement

May 20, 2019    

What Happened: A lease for 5,000 square feet of restaurant space...

Landlord Goes After Tenant for Decades-Old Lease Violation

May 20, 2019    

What Happened: Eight years after moving in, a grocery store tenant renewed its lease in 2003 and wound up staying another 12 years. But as with all long-term relationships, there were disagreements. Issues in this tenancy that had lain dormant for 20 years surfaced just five...

Tenant Free Speech Rights Don't Bar Landlord's Lease Breach Suit

April 22, 2019    

What Happened: A landlord sued a tenant for failing to install sound mitigation measures at its noisy factory as required by the lease.