Owner Wins, Owner Loses

Lease Encumbrance Impacts Property’s Fair Market Value Purchase Price

March 22, 2022    

What Happened: In 1990, a real estate developer signed a 99-year lease on property in Boca Raton on which it intended to build a shopping center. The lease fixed rent at $280,000 for years 2 through 29, and $910,000 per year after that; it also gave the developer the right to...

Tenant Who Didn't Thoroughly Inspect Defective Building Can't Claim Fraud

February 20, 2022    

What Happened: A Texas landlord leased a standalone building to a tenant for use as a restaurant. Even though the building needed a lot of work, the tenant accepted it “as is” without warranty of suitability for its intended restaurant use. The gamble came up snake...

Defaulting Tenant's Closure Doesn’t Justify Landlord's Changing the Locks

February 20, 2022    

What Happened: After warning that its business was struggling, a restaurant tenant paid only half the rent on June 1. Two weeks later, it closed the restaurant. When its demands for full rent went unheeded, the landlord changed the locks and re-entered the premises on June 24....

Construction Lien Is Enforceable Against Landlord that Contracted for the Work

February 20, 2022    

What Happened: A landlord and tenant hired a contractor to construct improvements on a leased movie theater. The subcontractor that installed the drywalls recorded a lien for the work and sought to foreclose when it didn’t get paid. The landlord asked the court to dismiss...

Scaffolding Around Building Isn't Partial Constructive Eviction

January 26, 2022    

What Happened: An office tenant first became disenchanted when the HVAC system failed and it had to install a new air conditioning unit at its own expense. Two years later, the landlord had to bring in a contractor to completely replace the building’s terra cotta façade....

Owner of Unleased Commercial Property Can Testify about Its Fair Market Value

January 26, 2022    

What Happened: A Texas owner paid $60,000 for a warehouse back in 1999. In 2014, he leased the property to a welding firm. After a short lease term, the building remained empty for several years with the owner steadily investing in improvements for future rentals. But in 2018, a...

Is Holdover Rent of 200% of Base Rent a Valid Liquid Damages Provision?

January 26, 2022    

What Happened: After siding with the landlord on all claims, a New York court had one more issue to decide, namely, whether the lease clause requiring the tenant to pay 200 percent of base rent as holdover rent was enforceable. The tenant claimed that 200 percent was an...

Tenant’s Duty to Pay Extra Rent for Opening Competing Business Covers Future Affiliates

December 22, 2021    

What Happened: A lease required restaurant corporation tenant Crab House Ltd. to pay additional rent if it or any “affiliated company” were to open a competing business within a five-mile radius. A couple of years later, Crab House was acquired by Landry’s...

Tenant Can't Renew by Conduct When Lease Requires Renewal by Written Notice

December 22, 2021    

What Happened: A lease provided that it would expire in July 2016 unless the tenant exercised its renewal option. The tenant acknowledged that it never provided the required written notice but contended that it renewed via its conduct, noting that the landlord accepted its...

Tenant's Control of Parking Lot Makes Accident Work-Related

November 23, 2021    

What Happened: A 70-year-old supermarket employee who just finished her shift stepped into a pothole while walking to her car. The workers comp board rejected her claim for benefits. Citing provisions in the supermarket’s lease making the landlord responsible for...

Expedited Holdover Eviction Available Even When Lease Terminates Early

November 23, 2021    

What Happened: Two years into its five-year term, a tenant leasing space for use as an airport hangar exercised its right to terminate early, without penalty, upon 180 days’ notice. The plan was for the tenant to remain in the space until the sides reached agreement on a...

Temporary COVID Closure Order Doesn’t Excuse Tenant’s Failure to Pay Rent

November 23, 2021    

What Happened: A fitness center tenant that had to close down temporarily in response to the governor’s COVID-19 pandemic closure orders remained in its space but didn’t pay rent for the time it was closed. The landlord sued, and the tenant relied on the lease force...