Recent Court Rulings

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.

Liquidated Damages Clause OK Despite Not Listing Specific Amount

April 22, 2019    

What Happened: A medical lab claimed that the provision in its lease providing for liquidated damages of “net present value of the entire balance of rent due herein as of the date of [landlord’s] notice, using the published prime rate then in effect” was too...

Landlord Is Liable for Negligence on Property It Leases to Tenant

April 22, 2019    

What Happened: This case began when an Alaska Marine Highway System (AMHS) employee fell 15 feet after the passenger ramp she was operating collapsed. The employee sued the landlord, the Port owner, for negligence due to a defect on the property. A federal jury awarded her more...

Tough New Security System Isn't a Violation of Tenant's Access Rights

April 22, 2019    

What Happened: A landlord leased space containing a cellular communications tower for tenants’ use to store valuable equipment. The lease gave the tenants “24/7” access to the space. The landlord changed the security arrangements from a simple lockbox to a more...

Lease Lets Tenant Off Hook for Causing Careless Property Damage

March 28, 2019    

What Happened: A retail tenant in Michigan moved out of the space in...

Tenant Evicted for Nonpayment Can't Blame Landlord for Wrecking His Business

March 28, 2019    

What Happened: A tenant who hasn’t paid rent for two straight...

Guaranty Must Be 'Continuing' to Create Obligation Past Initial Terms

February 12, 2019    

Facts: A retail tenant signed a lease with one three-year renewal option. The landlord required a guaranty in order to move forward with the deal. After the initial lease term and renewal were complete, an amendment extended the option to renew for five years and increased the...

Landlord's Insurer Can't Seek Subrogation from Tenant

January 17, 2019    

Facts:A landlord and a tenant signed a lease that provided that the landlord would insure the building and the tenant would insure its personal property inside the...