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December 05, 2025
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Home » Topics » Commercial Lease Law Insider » Owner Loses

Owner Loses
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Landlord Loses

Guarantor’s Liability Ends When Tenant Surrenders, Not When Landlord Accepts Surrender

Nov 21, 2025
Glenn S. Demby

An investment advisor tenant stopped paying utilities in March 2020; it stopped paying rent in June; and it surrendered the office in November. The landlord sued the tenant and the corporate officer who signed a good guy guaranty on its behalf ...


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Landlord Loses

Subtenant That Vacates on Time Need Not Pay Holdover Rent to Tenant

Nov 20, 2025
Glenn S. Demby

Best Buy subleased retail property to Factory Direct on the condition that it return the premises in a “condition and repair equal to the condition and repair thereof at the commencement of said term” and pay 150 percent of the fixed rent if it held over. Factory Direct vacated before the sublea...

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Landlord Loses

Landlord Can’t Collect Future Rent Without Lease Acceleration Clause

Sep 19, 2025
Glenn S. Demby

A shopping center leased space in its parking lot to a food truck operator for a five-year term. The tenant stopped paying rent, and the landlord sued ...


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Landlord Loses

Tenant Doesn’t Need Landlord’s Consent to Make Non-Structural Alterations

Jul 26, 2025
Glenn S. Demby

A landlord served a funeral home tenant with a notice to cure for installing a scissor lift and other alterations without the landlord’s prior written consent. Two years later ...


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Landlord Loses

Tort Claim Is Regurgitation of Landlord’s Lease Claim Against Tenant

Jul 25, 2025
Glenn S. Demby

While shutting down a gas station operation on leased property, 7-Eleven removed underground gasoline storage tanks, lines, piping, compressors, and fuel dispensers without the landlord’s approval. The landlord sued ...


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Landlord Loses

U.S. Government Can Terminate Lease When Premises Become ‘Untenantable’

Apr 29, 2025
Glenn S. Demby

What Happened: The federal government leased two floors of an office in Queens to house the Field Office of the United States Citizenship and Immigration Services. The 15-year lease included the following clause ...


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Landlord Loses

Individual Owners Aren’t Liable for LLC’s Lease Debts

Apr 28, 2025
Glenn S. Demby

What Happened: Tenants, an elementary school operated as a Delaware limited liability company and the husband and wife who owned it, wanted to renew their 10-year lease after it expired. But rather than an extension, the owners insisted on a lease amendment naming the LLC as the only tenant ...


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Landlord Loses

Jury Trial Waiver in Guaranty Doesn’t Bind Non-Signatory Tenant

Apr 28, 2025
Glenn S. Demby

What Happened: A landlord got the individual principal of a new restaurant to sign a guaranty of the tenant’s performance of the lease. The guaranty, which the tenant didn’t sign, included a waiver of jury trial clause. Disputes later arose, and the tenant and landlord sued each other for breach of contract ...


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Landlord Loses

Landlord Waived Its Right to Written Notice of Lease Extension

Jan 28, 2025
Glenn S. Demby

Email Exchange May Constitute Enforceable Lease Modification

Dec 31, 2024
Glenn S. Demby
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