Owner Wins

Physically Absent Tenant Can Still Hold Over After Lease Expires

December 27, 2023    

What Happened: At first it looked as though the tenant had found a buyer for his dental practice to whom it would assign the lease just as it was expiring on Dec. 31, 2019. But the deal fell through, and the tenant sent the landlord an email in February notifying it of his...

Liquidated Damages Clause Is an Unenforceable Penalty

December 27, 2023    

What Happened: The COVID-19 pandemic forced the owner of an iconic cinema in Minneapolis to shut down and default on its lease with six years left in the term. The landlord sued for liquidated damages of $1.8 million, including $364,212 in unpaid rent and $1,444,258 representing...

Not Unconscionable to Make Defaulting Tenant Pay Costs of Remodeling Premises

November 28, 2023    

What Happened: Eighteen months after signing a five-year lease, a rug store went into liquidation, stopped paying rent, and abandoned the premises. The landlord then divided the space into two separate units, leasing one to another rug store and the other to a bath floor décor...

Blaming Business Losses on Landlord’s Failure to Plow Snow Is ‘Mere Speculation’

November 28, 2023    

What Happened: A tenant leased property on a pair of shopping center outlots to operate restaurants. The ground lease required the tenant to pay a pro-rata share of the CAM costs the landlord incurred to keep the common areas in good repair. The landlord sold the property to a...

Commercial Landlord Can Go to Court to Challenge COVID-19 Eviction Moratorium

October 24, 2023    

What Happened: Early in the COVID-19 pandemic, Los Angeles County imposed a temporary moratorium on residential and commercial evictions. A commercial landlord that had leased property to an auto repair tenant that was no longer paying rent due to COVID sued the county, claiming...

Lease Clause Waiver of Jury Trial Rights Is Enforceable

October 24, 2023    

What Happened: A restaurant tenant sold its business to another operator and her brother, the Marcials, who signed a 10-year lease with the landlord to continue operating the restaurant and bar from its current location at the mall. Problems with the transaction arose, and the...

Violation of Tenant’s Non-Compete Is Material Breach Justifying Eviction

October 24, 2023    

What Happened: A landlord bound by a no-compete clause with Verizon Wireless leased retail property to a vape shop for the “sole purpose of a vape, tobacco, clothing, computer repair” operation. The lease also required the tenant to refrain from competing with...

Tenant Can't Keep Paying Reduced Rent After Lease Modification Agreement Expires

September 27, 2023    

What Happened: In response to the COVID-19 pandemic, a landlord agreed to reduce a retail tenant’s rent from $7,147 to $3,500. Signed in November 2020, the agreement was retroactive to May 2020 to March 2021, at which time rent would revert back to the original amount....

City Tenant’s Ban on Guns at the Property ≠ Second Amendment Violation

August 29, 2023    

What Happened: A nonprofit ran a multi-day music festival on recreational space it leased from the city. Two attendees who purchased tickets to the event were denied entry because they were carrying guns in violation of music festival rules banning attendees from having weapons...

Duty to Mitigate Damages Doesn't Require Landlord to Sell Property

July 27, 2023    

What Happened: After signing a 10-year lease with a health clinic, a landlord put the property on the market for sale as “net lease investment,” meaning there was a tenant already in place. The tenant then defaulted just three years into the lease. Invoking the...

OK to Evict Cannabis Cultivator After Lease Negotiations Break Down

June 26, 2023    

What Happened: An indoor cannabis cultivator operated under an oral lease while negotiating the terms of a written agreement. But after two years of fruitless negotiations, the landlord decided enough was enough and served the tenant a 30-day notice to quit. When the tenant...

Disruption of Power Supply Not Enough to Prove Constructive Eviction

May 25, 2023    

What Happened: Operating a Bitcoin mining business requires unusually high amounts of electricity. Miffed at learning this lesson the hard way, an office building landlord threatened a Bitcoin tenant with eviction. When the electric company later shut down the tenant’s...