Recent Court Rulings

Tenant Gets Rent Abatement Due to Damage It Should Have Prevented

October 28, 2019    

What Happened: A car dealership property was vandalized after the tenant took possession but before it opened. The tenant couldn’t use the space for three-and-a-half months but continued to pay the rent. After repairs were done, the tenant asked for a rent abatement under...

Tenant Accidentally Waives Its Co-Tenancy Rent Cut Rights

October 28, 2019    

What Happened: A shopping center lease let the tenant pay reduced rent if an anchor closed and wasn’t replaced within 120 days. In July 2016, an anchor tenant, Sports Authority, closed and the landlord didn’t find a replacement for nearly three years. But the tenant...

Landlord Not to Blame for Office Tenant’s Desktop Fall

October 28, 2019    

What Happened: After safely pulling off the stunt on several occasions, an office tenant who climbed onto his desk and used a broomstick to close hard-to-reach blinds fell to the floor and broke his spine. Blaming his injuries on the landlord’s failure to maintain the...

Must Tenant Pay Rent If Improvements Aren't Done Yet?

September 17, 2019    

What Happened...

Listing Wrong Company Name Doesn't Defeat Tenant’s Renewal Notice

September 17, 2019    

What Happened: In seeking to exercise its five-year lease renewal option, retail tenant Intermix did just about everything right. The notice was timely; it was in proper written form; and it clearly stated Intermix’s intent to renew. But the officer who executed the option...

Landlord Not to Blame for Tenant's Garbage Dumping Woes

September 17, 2019    

What Happened: After years of letting a pizzeria dump its trash in its alley, a neighboring property owner said no more and locked the gateway. At first, the...

Disposing of Tenant Property After Lawful Eviction Isn't Conversion

August 20, 2019    

What Happened: When the tenant and surety didn’t show up for the eviction proceeding, the court awarded the landlord default judgment. The landlord then sent the tenant and surety notice to collect their personal property and...

Lease Bars Tenant's Claims for Lost Profits During Renovation Work

August 20, 2019    

Section 7: [T]here shall be no allowance to Tenant for a diminution in rental value, and no liability on part of Landlord by reason of inconvenience, annoyance or injury to person(s), property or business arising from the making of...

Increasing Tenant's Real Estate Tax Share Isn't Fraud or Lease Violation

August 20, 2019    

What Happened: A shopping center lease requires the anchor tenants, which are also partial owners, to pay a fixed part of the property’s real estate taxes, and allocates the remaining tax liability to the non-owner tenants proportionally on the basis of square footage...

Loss of Shopping Center Tenant Triggers Co-Tenancy Rent Cut

July 21, 2019    

What Happened: A shopping center lease contained a co-tenancy clause giving a tenant a reduced rent if occupancy by major retail tenants fell below 70 percent....

Tenant Responsible for Defective Sidewalk

July 21, 2019    

What Happened: The case began when a shopper tripped on the gap of a sidewalk outside a grocery store leased by Pathmark. Since the owner was now bankrupt, the victim’s case hinged on a single question: Was Pathmark, as tenant, liable for the defective sidewalk? Pathmark...

Owner Wrongfully Withheld Tenant's Security Deposit

July 21, 2019    

What Happened: After 30 years of running a Dunkin’ Donuts out of the space, a tenant decided not to renew the lease. The tenant left the space broom-clean and removed all the counters, shelving, display cases, and doughnut shop-related furniture. The owner claimed the...