Recent Court Rulings

Landlord Must Pay Tenant’s Attorney’s Fees

June 24, 2019    

What Happened: After bringing a successful anticipatory breach claim...

Landlord Can’t Sue Wal-Mart for Backing Out of Lease Negotiations

June 24, 2019    

What Happened: After years of fruitless negotiations, Wal-Mart decided to pull out of discussions for a long-term ground lease but didn’t notify the would-be landlord until months later. Having invested so much time and money in trying to secure the ground lease, the...

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...

Restaurant Claims Lack of Parking Ends Its Duty to Pay Rent

June 6, 2019    

What Happened: A tenant wanting to open a new restaurant in Dallas expressed concern about the lack of nearby offsite parking but signed the lease anyway. The landlord set out to find more parking but was unsuccessful. As a...

Renewal Reminder = Waiver of Landlord's Right to Renewal Notice

June 6, 2019    

What Happened: A landlord sent an email to a restaurant tenant with the following message:

Reminder of increase and renewal

I just wanted to remind you that your first five-year lease agreement...

'As Is' Clause Doesn’t Excuse Failure to Provide Accurate Information about Property

June 6, 2019    

What Happened: Tenants leased space in a Long Beach, Calif., shopping mall for use as a live music and entertainment venue. But when they opened their doors, they got lambasted with noise complaints from other tenants. Turn down the...

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.