Owner Wins

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.

Liquidated Damages Clause OK Despite Not Listing Specific Amount

April 22, 2019    

What Happened: A medical lab claimed that the provision in its lease providing for liquidated damages of “net present value of the entire balance of rent due herein as of the date of [landlord’s] notice, using the published prime rate then in effect” was too...

Tough New Security System Isn't a Violation of Tenant's Access Rights

April 22, 2019    

What Happened: A landlord leased space containing a cellular communications tower for tenants’ use to store valuable equipment. The lease gave the tenants “24/7” access to the space. The landlord changed the security arrangements from a simple lockbox to a more...

Tenant Evicted for Nonpayment Can't Blame Landlord for Wrecking His Business

March 28, 2019    

What Happened: A tenant who hasn’t paid rent for two straight...

Lease Agreement Foreclosed Tenant’s Ability to Collect Condemnation Award

October 18, 2018    

Facts: A large national retailer leased space in a shopping center that later had a major access point blocked by the state’s department of transportation as part of a “condemnation.” The landlord and tenant each asked the state for a “condemnation award...

Landlord's Promise to "Work on" Renewal Wasn’t Fraudulent Inducement

September 26, 2018    

Facts: A tenant rented space to operate its nail salon under a lease that was assigned to it by the original tenant. The lease provided for two additional five-year terms. In order to exercise a renewal option, the tenant had to give written notice 120 days prior to the end of...