Owner Wins

Owner Wins Chance to Prove Accelerated Rent Claim at Trial

September 18, 2020    

What Happened: Six years into its 10-year term, an owner exercised its lease right to adjust a dental clinic tenant’s rent. But the clinic refused to pay the increase and moved out. The owner claimed the clinic was in default, terminated the lease, and demanded $1.5...

Previous Owner's Acceptance of Late Rent Doesn't Waive New Owner's Right to Timely Rent

September 18, 2020    

What Happened: A medical tenant repeatedly paid rent late without late fees or any other penalties. But then the building was sold. And the new owner wasn’t as forgiving or tolerant of the tenant’s personal stresses and “business ups and downs” as the...

Tenants Must Pay Neighbors $7.4M for Negligent Use of Warehouse

September 18, 2020    

What Happened: Only 10,000 of the tenant’s 560,000 square-foot recycling warehouse had fire department approval for occupancy. And while the tenants were advised to do so, they never installed the necessary, code-compliant sprinkler and water flow systems. So, when the...

Tenant Can't Avoid Summary Eviction Suit by Moving Case to Federal Court

August 25, 2020    

What Happened: After paying only partial rent in April, Bed Bath & Beyond (BB&B) paid no rent in May, claiming that the Louisiana governor’s COVID-19 order closing “all malls, except for stores in a mall that have a direct outdoor entrance and exit that...

Landlord Not Liable for Explosion Death of Tenant's Employee

August 25, 2020    

What Happened: A warehouse employee was killed when the hair care product he was handling exploded in his face. The victim had no idea that the product was dangerous because the container was improperly labeled. But while the employer that stored the product was clearly guilty...

Tenant Doesn’t Have to Own Property to Sue Trespassers

July 24, 2020    

What Happened: Trader Joe’s sued a political organizing firm that sent agents to the parking lots of its stores to gather customers’ signatures for ballot initiatives without its permission.

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...