Owner Wins, Owner Loses

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...

Tenant's Yellowstone Injunction Appropriate Pending Outcome of Late Rent Claims

December 12, 2018    

Facts: A tenant rented space for its office on two floors of a building. When it attempted to exercise its option to renew its lease for an additional five-year term, the landlord offered to buy out the lease, but the tenant rejected the offer. A few weeks later, the tenant...

Jury Trial Needed to Determine Maintenance Responsibility

November 14, 2018    

Facts: A jewelry store tenant that leased space in a shopping center complained repeatedly about a sewage smell and mold problem in the store. It claimed that it was losing business. Its complaints were documented in multiple emails over the course of several months. For its...

Lease Agreement Foreclosed Tenant’s Ability to Collect Condemnation Award

October 18, 2018    

Facts: A large national retailer leased space in a shopping center that later had a major access point blocked by the state’s department of transportation as part of a “condemnation.” The landlord and tenant each asked the state for a “condemnation award...

Landlord's Promise to "Work on" Renewal Wasn’t Fraudulent Inducement

September 26, 2018    

Facts: A tenant rented space to operate its nail salon under a lease that was assigned to it by the original tenant. The lease provided for two additional five-year terms. In order to exercise a renewal option, the tenant had to give written notice 120 days prior to the end of...