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Home » Topics » Commercial Lease Law Insider » Owner Wins

Owner Wins
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Did Prospective Tenant Make Oral Promise to Lease?

Feb 9, 2012

Facts: A representative of a technology services firm toured a vacant building with two prospective owners who were considering buying the property, but only if they could find an appropriate tenant for it. The representative expressed interest in renting the space, but didn't sign a lease or other documents that would obligate the firm to rent the space if the owners went through with the sale.


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Lease Assignee Doesn't Own Former Tenant's Structure

Nov 28, 2011

Facts: For over 30 years, an auto body business rented commercial property made up of several buildings. Ten years into the lease, the tenant built a small building on the property to use as a “paint room” where it could paint cars it had repaired. A few years later, it renewed the lease for a 20-year term, with an option to purchase the property. The tenant could exercise the option at any time during the lease if it gave 60-days' notice.


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Lease's Silence on Rent Abatement Meant It Wasn't Permitted

Sep 1, 2011

Facts: The owner of a strip mall and a tenant signed a three-year lease for space in which the tenant was to operate its salon and spa.

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Owner Made Reasonable Efforts to Mitigate Damages

Aug 1, 2011

Facts: A franchised restaurant tenant signed a lease with a property owner/developer while the shopping center where it would rent space was still being developed. The tenant as a corporation signed the lease as both tenant and guarantor.


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Estoppel Certificate Precluded Tenant's Breach Claim

May 26, 2011

Facts: The exclusive-use provision in a tenant's lease barred the owner from renting space in its shopping center to other tenants that sold stationary and school supplies. Several months later a school supply store opened in the center, but the tenant didn't object.


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Tenant Couldn't Prove Intent, Ability to Reclaim Property Left Behind

Apr 26, 2011

Facts: A tenant that operated a thrift store was evicted for nonpayment of rent. The owner believed the store's inventory, which the tenant had left behind, was “junk” and disposed of it without waiting 15 days—the statutory period during which tenants have an opportunity to reclaim personal property left in the space they rented.


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Notice to Quit Not Required Prior to Eviction Lawsuit

Apr 26, 2011

Facts: Under its lease, a tenant was responsible for maintaining the space it rented to operate its restaurant. The tenant was also prohibited from making alterations and improvements without written approval. “Events of default” included nonperformance of these or any lease obligations and nonpayment of rent, following written notice from the owner and an opportunity to “cure”—that is, remedy—the violations.


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Tenant's Default Not Excused by Owner's Conduct

Mar 21, 2011

Facts: A tenant signed a five-year lease to operate its restaurant in a strip mall. After two years, the tenant asked the owner if it could sublet the space to another restaurant tenant, but the owner refused to sign a consent agreement. The tenant went ahead with its plans to sublet its space anyway.


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Tenant Responsible for Health Code Compliance

Feb 22, 2011

Facts: An employee of an office building tenant suffered injuries after she tripped and fell on a raised edge of the metal molding surrounding a trapdoor on the floor of the tenant's pantry room. The purpose of the trapdoor was to access a crawl space approximately three feet high that lies beneath the pantry room floor. The employee sued the owner for negligence and New York Health Code violations. She asked the court for a judgment in her favor without a tr...

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Owner Can't Collect Late Fees After Lease Was Terminated

Jan 25, 2011

Facts: An owner and a staffing agency tenant signed a three-year lease for office space. Under the lease terms, the owner could charge a $25-per-day late-rent fee. The owner later sued the tenant for breach of the lease, and the tenant abandoned the space before the end of the lease term. The owner exercised its right to terminate the lease and enter the space. The owner asked the court for a judgment in its favor without a trial.

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