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...
Facts: The employee of a fish market that rented the ground floor in a commercial building slipped and fell on ice on the sidewalk outside the store. He sued the owner of the building and the tenant. He asserted that the tenant and owner were both negligent by allowing the icy...
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...
Facts: A fast-food restaurant signed a five-year lease with the owner of a building that had been used previously for a similar restaurant. Under the lease, the owner represented and warranted to the tenant that there were no existing restrictions, building and zoning ordinances...
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...
Facts: For 30 years, a fitness center leased space in a shopping center under a series of leases. After a fire damaged the center, the center’s owner made some repairs and asked the tenant to resume its operations in the space. The tenant, however, claimed that the repairs...
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...
Facts: A shopping center tenant signed a 10-year lease with a five-year extension option. Under the lease, the tenant had the right to renegotiate the terms of the extension period, including the rental rate. At the time that the tenant signed the lease, the center included...
Facts: A retail tenant’s shopping center lease included a “kickout” provision, allowing it to terminate the lease if its annual gross sales during the fifth year of the lease term didn’t exceed $3.5 million. To terminate the lease, the tenant was required...
Facts: The owner of a building used as a supermarket terminated its tenant's lease and ordered it to move out of the space because the tenant had allegedly “incurably” defaulted on the lease—that is, violated the lease in a way that couldn't be fixed—by...
Facts: A utility company signed a lease for an office building that would be constructed according to a building plan between it and the owner. The lease would commence when the building was “substantially complete,” meaning that the building had been constructed according to...
Facts: An office building tenant asked the owner to pay the property taxes that it claimed the owner was responsible for under its lease terms. The tenant withheld its rent while the owner refused to pay the property taxes. The owner informed the tenant that by withholding its rent...
