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What Happened: To the owner, this was an open-and-shut case: The fashion store tenant it evicted owed unpaid rent. To the tenant, it was more complicated than that. The tenant contended that the owner committed constructive eviction by cutting off its electricity. The court sided with the owner, and the tenant appealed.
Decision: The New York court agreed that there was no constructive eviction and upheld summar...
What Happened: A landlord sued to evict a physician tenant for not paying rent. While acknowledging that she was five months in arrears, the tenant noted that she had been allowed to pay late two years earlier without being charged late fees and that the landlord had thus waived its right to timely rent. The court agreed and found the landlord liable for wrongful eviction.
What Happened: A Colorado shopping center leased 7,000 square feet of space to a tenant “for the purposes of operating indoor golf simulators, to include the sale of golf-related apparel, a ‘fast casual’ restaurant, and a bar.” News of the new occupant didn’t sit well with the current tenant holding the exclusive right to operate “a sports-themed restaurant/ba...
What Happened: A landlord sued to evict a spa tenant for violating its lease obligation to maintain a general liability insurance policy. The spa acknowledged the violation but asked the court to toss the lawsuit because the landlord never gave it the formal notice and opportunity to cure required to evict under the lease. The landlord claimed that it didn’t provide the notice because the default was uncurable.
What Happened: On Jan. 6, an airport authority assigned a lease to a hotel tenant requiring the latter to install a full-service bar, swimming pool, and other improvements and operate under a nationally recognized chain brand name by Dec. 31. But the hotel met neither obligation and the authority sent an eviction notice. The hotel denied that it had defaulted on the lease and continued to send rent payments each month. The Indiana court sided with the a...
What Happened: A lease for 5,000 square feet of restaurant space required the tenant to pay CAM costs but didn’t specify a figure or include a cap. As the lease was about to begin, the landlord offered an estimate of $6 per square foot. And th...
What Happened: Eight years after moving in, a grocery store tenant renewed its lease in 2003 and wound up staying another 12 years. But as with all long-term relationships, there were disagreements. Issues in this tenancy that had lain dormant for 20 years surfaced just five days before the lease was due to expire when the landlord sued the tenant for failing to make its required tax payments. The key question: Had the statute of limitations expired by ...
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 open-ended to be enforceable. But the Massachusetts court disagreed and ordered the lab to pay the landlord $1.854 million in liquidated damages for defaulting on the lease. The te...
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 elaborate call-in system requiring tenants to call and wait up to an hour for an agent of the landlord to let them in during non-regular business hours.
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