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December 06, 2025
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Home » Topics » Commercial Lease Law Insider » Owner Wins

Owner Wins
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Landlord Wins

Landlord Needn’t Mitigate Damages to Accelerate Defaulting Tenant’s Rent

Oct 25, 2025
Glenn S. Demby

A fitness center with nearly four years left on its lease notified the landlord that it was abandoning the premises. You’d better start making mitigation efforts to relet the premises as soon as possible, the notice advised. But the landlord ignored the advice ...


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Landlord Wins

Landlord Doesn’t Have to Evict Tenant to Mitigate Damages

Oct 24, 2025
Glenn S. Demby

A dry-cleaning tenant began paying reduced rent, starting in 2018. In August 2021, it terminated the lease and moved out. By this time, it owed the landlord about $200,000 in back rent. The landlord sued...


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Landlord Wins

Landlord Entitled to Attorney’s Fees in Enforcing Attorney’s Fees Clause of Lease

Sep 20, 2025
Glenn S. Demby

Upon learning that it had closed its coffee shop, a shopping center landlord sued a tenant and guarantor for violating the “continuous operations” clause of the lease ...


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Landlord Wins

Restructuring Lease Doesn’t Get Defaulting Tenant’s Guarantors Off the Hook

Aug 22, 2025
Glenn S. Demby

Two individuals signed basically identical unconditional guaranties making them jointly and severally liable for the financial obligations of a medical tenant under a lease. The tenant defaulted, and the landlord evicted it ...


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Landlord Wins

Tenant Can’t Prove Damages from Landlord’s Warranty of Suitability Breach

Aug 21, 2025
Glenn S. Demby

Despite repeated complaints about the plumbing, parking lot, cracks in the foundation, and other matters, a manufacturing company decided to renew its lease for a year. It then held over for another five months after the renewal term expired ...


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Landlord Wins

Tenant Abandons Property by Failing to Remove It Upon Eviction

Aug 20, 2025
Glenn S. Demby

A kitchen remodeling company signed a three-year lease on property for use as a retail kitchen and bathroom showroom. The landlord evicted the tenant for not paying rent and got a warrant to remove the tenant’s property ...


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Landlord Wins

Landlord Needn’t Prove Damages to Evict Tenant for Material Breach

Jun 24, 2025
Glenn S. Demby

A childcare center tenant that paid base rent each month didn’t pay its share of the property tax and utility bills or obtain the required insurance. So, six months into the lease, the landlord served the tenant with an eviction notice ....


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Landlord Wins

No Full Rent Abatement for Mold When Part of the Space Is Safe

Jun 23, 2025
Glenn S. Demby

Among the victims of Hurricane Harvey, which swept through Houston in August 2017, was a testing services tenant’s relationship with its landlord. The tenant claimed that the mold spawned from Harvey’s rains rendered the office space unsafe for its employees ....


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Landlord Wins

Tenant Can’t Prove Oral Agreement to Modify Lease Term

May 26, 2025
Glenn S. Demby

A tenant notified its landlord that it was experiencing financial difficulties and needed to terminate its two-year office lease six months early. Email and phone conversations ensued, but no written agreement was reached. So, when the tenant stopped paying rent and vacated the building with sev...

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Landlord Wins

Landlord Terminated Lease Before Tenant Filed for Bankruptcy

May 25, 2025
Glenn S. Demby

A landlord demanded that a consulting firm tenant pay $389,984 in rent arrears. After receiving only a partial payment of $83,333, the landlord sent the tenant a lease default notice in July and a termination notice in August. Despite these actions, the tenant neither paid the balance nor surrendered the premises. So, the landlord took his claim to court. 


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