Owner Wins

Video Gambling Lawsuit Filed Within Statute of Limitations

March 26, 2013    

Facts: An owner sued the personal guarantor of a commercial lease for a video gambling establishment for breach of contract. The guarantor contended that owner’s claim was barred by the statute of limitations because the owner didn’t attempt to enforce the guaranty...

"Frustration of Purpose" Didn’t Terminate Tenant’s Lease

February 25, 2013    

Facts: A tenant leased space at a shopping center for its sporting goods store. The center was in a flood zone and had been flooded several times, ruining the inventory of the center’s tenants each time. Under the lease, the tenant was required to have an “all-risk...

Constructive Eviction Claim Not Valid

February 25, 2013    

Facts: A tenant who provided physical therapy services rented space on the top floor of a five-story building. After three months, the tenant stopped paying full rent. The owner sued the tenant to recover the space and won. The tenant sued the owner for constructive eviction....

Tenant Must Pay Owner’s Excise Tax

February 25, 2013    

Facts: After a tenant signed a lease for space it used as a convenience store, the property was sold and the lease was assigned to a new owner.

"Out-of-Possession Landlord" Not Liable for Floor Cave-In

January 23, 2013    

Facts: An employee was injured while working at a warehouse leased by his employer. The floor of the warehouse collapsed while the employee was stacking steel in a bay. The basement under the bay was rented to another tenant. The employee and the steel fell into the basement....

"Out-of-Possession Landlord” Not Obligated to Make Repairs, Maintain Premises

November 19, 2012    

Facts: A restaurant tenant’s employee required surgery for a broken wrist that he suffered in a slip-and-fall accident on a spiral staircase, used to access the employee locker room. The employee claimed that the staircase was greasy, and that the steps were worn smooth....

Owner Not Responsible for Third-Party Disturbance of Tenant

November 19, 2012    

Facts: A shopping center tenant rented space to operate a nightclub. There was an unfinished office building across the street from the center, which the center’s owner told the tenant would be completed the following year. When the office building hadn’t been...

Appeals Court Overturns Jury Verdict in Slip-and-Fall Case

October 19, 2012    

Facts: A business owner slipped on a puddle of oil on the floor of the warehouse space he rented. He sued the trust that owned the property and the trustee (the defendants) for negligent maintenance of the premises and a jury trial was held. The jury ruled in his favor. The...

Triple Net Lease Shielded Owner from Liability

September 28, 2012    

Facts: An appliance store leased a building and parking lot “as is” from the owner under a triple net (NNN) lease—that is, a lease in which a commercial tenant is responsible for maintaining the premises and for paying all utilities, taxes, and other charges...

Outbuildings Not Included in Lease’s Maintenance Requirement

August 30, 2012    

Facts: An employee of a truck rental company tenant sued the property’s owner for negligence, after the employee injured his back when he stepped into a hole in the floor of a tire “shed” that was on the property the owner leased to the tenant. The owner...

Tenant's Security Deposit Not Credited to Unpaid Rent

August 30, 2012    

Facts: A real estate company rented a corner store and partial basement of a building for a 10-year lease term. The tenant paid $42,000 as a security deposit. Two guarantors also signed separate written guaranty agreements, guaranteeing full performance of the terms of the lease...

Lease Modification Must Be in Writing

July 26, 2012    

Facts: A women’s clothing manufacturing company rented space in an office building. The chief executive officer of the company signed the lease on behalf of the company, gave a security deposit, and executed a “good-guy” guaranty, personally guaranteeing that...