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July 08, 2025
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Home » Topics » Commercial Lease Law Insider » Owner Wins

Owner Wins
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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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Landlord Wins

Tenant Must Pay $197,356 for Turning Tobacco Store into a ‘Head Shop’

Mar 24, 2025
Glenn S. Demby

A few months into a lease, the landlord discovered that the tenant was advertising cannabidiol (CBD) and kratom for sale at the store and warned it to cease and desist or face immediate eviction. The tenant ignored the warning and began selling “Prohibited Products” as well, including bongs, pip...

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Landlord Wins

Lease Doesn’t Give Tenant 10-Day Grace Period to Pay Rent

Mar 22, 2025
Glenn S. Demby

A restaurant tenant signed a shopping center lease promising to pay monthly rent “on or before the first day of each month, without prior demand or notice.” On Feb. 1, 2023, with February rent unpaid, the landlord served the tenant a five-day notice to pay rent or quit the next day. The tenant d...

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Landlord Wins

Limited Right to Re-Enter for Repairs Not Enough to Prove Premises Liability

Mar 21, 2025
Glenn S. Demby

A business visitor who slipped on ice in the parking lot of a commercial building leased to Amazon sued the landlord for negligence in failing to ensure the lot was properly plowed. The defendant denied owing the visitor a duty of care because it leased the entire property to Amazon and thus didn’t have possession or control over the area where the accident occurred. The visitor disputed the claim, noting that the lease gave the landlord the right to reenter the propert...

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Landlord Wins

Landlord Not Responsible for Damaging Tenant’s Anti-Theft System

Feb 24, 2025
Glenn S. Demby

A grocery store operator signed a lease allowing it to “install” its own electronic gatekeeper system to prevent people from stealing grocery carts. But it turned out that a previous tenant had already installed a gatekeeper system wire. Satisfied that the system worked well enough, the tenant decided to keep using it. 


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Landlord Wins

Landlord May Accelerate Abandoning Tenant’s Rent Without Mitigating Damages

Feb 23, 2025
Glenn S. Demby

During the COVID-19 pandemic, a restaurant tenant abandoned its lease with six years remaining on the term. The lease contained an acceleration clause giving the landlord the option, in the event of the tenant’s default, to declare “the total amount of rent payable during the Term of the Lease, ...

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Landlord Wins

Strip Mall Restaurant Tenant’s Refusal to Move Storage Trailer Is a Material Breach

Jan 27, 2025
Glenn S. Demby
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