We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • December 05, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • December 05, 2025
CLLI_logo_2020.jpg
  • Archives
  • Main Articles
    • Features
    • Broker's Buzz
    • Drafting Tips
    • In the News
    • Negotiating Tips
    • Plugging Loopholes
    • Traps to Avoid
  • Model Lease Clauses
    • Model Lease Clauses
    • Model Agreements
    • Other Model Tools
  • Q&A
    • Q&A
    • Pop Quiz
    • Winners & Losers
    • Ask the Insider
  • Dos & Don'ts
  • Recent Court Rulings
    • Landlord Wins
    • Landlord Loses
  • eAlerts
Free Issue
The Habitat Group Logo
December 05, 2025
  • Log In
  • Log Out
  • My Account
Home » Topics » Commercial Lease Law Insider » Owner Loses

Owner Loses
Owner Loses RSS Feed RSS

Property Manager Entitled to Compensation for 17 Years of Past Services

Jun 30, 2010

Facts: A property manager was hired by his father-in-law, the owner of a struggling shopping center, to manage the property. The owner agreed to compensate the property manager at some point in the future, when or if the center became profitable. The property manager agreed, believing that he had a “deferred compensation deal” with the owner.


Read More

Definition of “Gross Leasable Area” Ambiguous in Lease

Jun 30, 2010

Facts: An electronics franchise signed a lease with the owner of a retail lifestyle center.

Read More

No Duty to Maintain Common Areas Controlled by Owner

Jun 1, 2010

Facts: A customer was injured when he fell on ice in the parking lot of shopping center that consisted of a several businesses in stand-alone buildings, including a national home improvement tenant. The home improvement tenant's lease required the owner and property manager to maintain the common areas of the property, including providing snow and ice removal. Each tenant was required to pay a pro rata share of common area maintenance costs.


Read More

Owner Owes Duty of Extraordinary Care to Elevator Passengers

Apr 28, 2010

Facts: Two tenant employees were trapped and repeatedly bounced up and down uncontrollably for almost an hour and a half in a malfunctioning elevator in the office building where they worked. The office building was owned and managed by a commercial property management company. Both employees needed medical attention, including surgery, for injuries they had suffered from the bouncing. They sued the property management company, claiming that it had negligently ma...

Read More

Foreign Substance Requires “Reasonable Care” Warning

Apr 28, 2010

Facts: A customer slipped and fell on the lobby floor of a Post Office while trying to mail a letter for his employer, injuring his face and head. The customer claimed that he slipped because the lobby floor was wet due to other customers tracking water into the Post Office during a rainstorm.


Read More

City and Owner Share Maintenance Duty for "Special Use" of Sidewalk

Apr 12, 2010

Facts: A pedestrian was injured when he fell through a concrete-filled metal grate in a public sidewalk. The grate covered a defunct stairwell to the basement of a building on the property abutting the sidewalk. The stairwell had been reconstructed with the grate by the abutting property's owner in 1968 in accordance with city specifications. Before the reconstruction, it had been installed solely for the abutting owner's convenience.


Read More

Tenant's Exclusive Use Provision Applied to Other Buildings

Feb 1, 2010

Facts: A fast-food restaurant had an exclusive right to sell “sandwiches and subs” in a shopping center that consisted of three buildings (Building A, Building B, and Building C). The fast-food restaurant tenant was located in Building A.

Read More

Owner Not Allowed to Profit from Wrongdoing

Nov 23, 2009

Facts: An owner of a Miami, Fla., office building that was still under construction signed a 10-year lease with a tenant under which the tenant would move in 90 days after completion of the building. The lease was signed by one of the owner's employees and the tenant's president and vice president. However, there were no witnesses to any of the signatures. As the building neared completion, the owner repudiated—that is, rejected—the lease beca...

Read More

Owner Didn't Address Dangerous Condition in Common Area

Oct 19, 2009

Facts: An office tenant notified her building's manager about a dangerous condition in a common walkway. Although the manager promised to repair the walkway, it was not fixed, nor was any warning sign posted. After injuring her right foot, right arm, and both knees when she tripped on the faulty walkway, the tenant sued the building's owner, management company, and manager for negligence based on premises liability. The trial court awarded judgment withou...

Read More

Owner Responsible for Tenant's Water-Damaged Goods

Oct 19, 2009

Facts: The owner of a shopping center replaced its roof in February 2006. Soon after, a tenant leased retail space in the center to operate her clothing store, but water began seeping in through leaks in the roof, and by June 2006 the entire store was flooded. As a result, much of the tenant's inventory was damaged.

After a brief and unsuccessful re-opening, the tenant's store closed permanently in November 2006. The tenant sued the owner for breach...

Read More
Previous 1 2 … 15 16 17 18 19 20 21 22 23 Next
  • Publications
    • Assisted Housing Management Insider
    • Commercial Lease Law Insider
    • Co-op & Condo Case Law Tracker Digest
    • Fair Housing Coach
    • New York Apartment Law Insider
    • New York Landlord v. Tenant
    • Tax Credit Housing Management Insider
  • Additional Links
    • Contact Us
    • Advertise
    • Group Subscriptions
    • Privacy Policy
    • Terms of Use
  • Boards of Advisors
    • Assisted Housing Management Insider
    • Commercial Lease Law Insider
    • Fair Housing Coach
    • New York Apartment Law Insider
    • Tax Credit Housing Management Insider
©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing