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Home » Topics » Commercial Lease Law Insider » Owner Wins

Owner Wins
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Mall's Kiosk Placement Did Not Cause Slip-and-Fall

Sep 1, 2010

Facts: A customer sued a shopping mall after she slipped and fell down concrete steps leading to a fountain, because she was looking at merchandise on a kiosk. The customer claimed that the mall's placement of the kiosk in relation to the stairs created a dangerous condition.


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Property Manager Had “Corporate Authority” to Evict Under Agreement

Sep 1, 2010

Facts: A doctor rented space in a medical office building owned by a real estate corporation. The corporation sued the doctor for nonpayment of rent. The building's property management company notified the doctor that he had 60 days in which to vacate the space; otherwise, the building's property manager would evict him. When the doctor refused to move out of the building at the end of the 60-day period, the corporation asked the trial court for an evicti...

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Tenant Can't Use Lease Drafts to Dispute Owner's Termination

Jul 26, 2010

Facts: A drugstore tenant signed a lease with the owner of a property that was about to be developed into a shopping center. The tenant and owner agreed that unless the center had been built by a specified date, either party would have the right to terminate the lease—for any reason. Because the owner was unable to obtain approval for a traffic signal to be installed at the center, it stopped developing the property and terminated the lease prior to the spe...

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Tenant with Stairwell Access Could Not Terminate Over Broken Elevator

Jul 26, 2010

Facts: A garment manufacturer tenant signed a lease for the seventh-floor of a building. The tenant and owner acknowledged that because the building's elevator was undergoing renovations, it might not be available for service at the start of the lease term. To account for the possible delay, the tenant and owner included in the lease a secondary commencement date that the tenant could wait until to move into the space.


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Similar Trade Names Violated Competition Clause

Jun 30, 2010

Facts: A shoe store tenant signed a 10-year lease with a mall. Under the lease, the tenant was required to pay minimum monthly rent plus 5 percent of its annual gross sales over $1.1 million. A “kickout” provision in the lease allowed the tenant to terminate it early if the gross sales did not exceed that amount in the fifth year of the lease.

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Owner Not Liable for Tenant's Dangerous Condition

Jun 1, 2010

Facts: A restaurant that specialized in tea and tea-related merchandise rented space in a building from an out-of-possession owner that had a right under the lease to access the premises for making structural repairs. Prior to the restaurant's tenancy, there had been no service counter or way to access the basement from inside the space. The restaurant tenant paid to construct a service counter with a trapdoor hatch behind it leading to the basement. The serv...

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Tenant on Hook for Failure to Obtain Insurance

Feb 26, 2010

Facts: A restaurant customer was injured when he tripped and fell on a defective sidewalk abutting the restaurant. The property on which the restaurant was located was owned by a realty company that leased the space to it under a lease agreement and a rider to the lease agreement.


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Owner Entitled to Full Rent for Abandoned Buildings

Feb 1, 2010

Facts: An owner sued a tenant for breaching its two leases after the tenant abandoned both of the owner's buildings that it rented and refused to pay the remaining rent due under the leases. After the tenant failed to appear at two summary dispossess proceedings for nonpayment of rent, the court ruled in favor of the owner, which established that the tenant had breached the leases. However, the court denied the owner's request for a judgment in its favor ...

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Tenant Wasn't Ready, Willing, and Able to Buy Building

Feb 1, 2010

Facts: A tenant leased space in a commercial building for its manufacturing company. The lease contained an option to buy the property at any time during the tenancy for $350,000. The option also provided that the closing of title was to take place within 90 days of the tenant's notice to exercise the option.

The tenant notified the owners via certified mail, as required by the terms of the option, that he wanted to purchase the property in an all-cash ...

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Township Immune from Municipal Parking Lot Lawsuit

Dec 28, 2009

Facts: A woman slipped and fell on a large patch of ice in a municipal parking lot while walking to her car. The ice patch had formed as a result of water running downgrade from melting snow piled near the parked cars, and then freezing.

The woman sued the township for negligence, arguing that it had not properly instructed its snowplow driver as to where in the municipal lot he should put plowed snow so that any runoff wouldn't form ice patches.


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