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Home » Topics » Commercial Lease Law Insider » Owner Loses

Owner Loses
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Owner's Actions Can Create Tenant Property Interest

Jan 1, 2009

Facts: A tenant decided to turn over ownership of its business to an employee. The employee informed the owner orally that he was taking over the tenant's business, but did not go through the formality of having the space assigned with a lease agreement. The owner continued to accept rent from the employee.


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Tenant Improvements Did Not Violate Lease Restriction

Jan 1, 2009

Facts: In exchange for a significant rent increase, an owner agreed not to lease space to any business that sold the same types of products as the tenant.


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Payment to Court Isn't Proof of Default

Nov 30, 2008

Facts: An owner sued a tenant, claiming that it owed past-due rent. The amount was in dispute. The owner submitted two separate amounts, with one being substantially larger than the other. In accordance with state law, the tenant deposited the disputed amount in an account managed by the court and then filed a response contesting the owner's claim.

Even though the owner was unable to prove which amount was correct, the lower court ruled in its favor and...

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Owner's Failure to Offer Defense Solidifies Damage Claim

Nov 30, 2008

Facts: An owner and a tenant entered into a five-year lease. During the end of the third renewal period, the tenant was informed that a new owner planned to demolish the building. The tenant tried to find an alternative space, but the new owner refused to let the tenant out of the lease early.


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Issues Not Addressed in Settlement Agreement Require Separate Lawsuit

Nov 30, 2008

Facts: An owner sued its tenant for nonpayment of rent. Before the trial, the owner and tenant settled the dispute and entered into a settle agreement. The trial court approved the terms and retained authority to enforce them. The tenant agreed that if it violated any of the financial terms of the settlement agreement, the owner would automatically take possession of the buildings.


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Lack of Witness at Lease Signing Doesn't Negate Agreement

Nov 1, 2008

Facts: An owner operating as a limited liability company (LLC) signed a 10-year lease with a tenant while the building was still under construction. When the building was almost completed, the owner backed out of the deal, claiming that the lease was not valid, because there were no witnesses at the signing, as required by law. The tenant sued the owner, claiming that the lease should be honored because the law allows corporations to sign leases for more than one...

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'As Is' Clause Doesn't Apply to Profitability of Business

Nov 1, 2008

Facts: A tenant and an owner discussed the value and potential of a business for sale, and then entered into a lease agreement that allowed the tenant to lease the property, the business, and all of its contents for a specified amount with an option to purchase. The document signed by both parties contained an “as is” clause.


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Defective Lease Execution Negates Original Lease Terms

Sep 26, 2008

Facts: A tenant entered into a lease with an owner, but at the lease signing, an individual whose capacity was undetermined signed the lease on the owner's behalf. After a dispute over on-site equipment, the tenant vacated the premises before the end of its lease.


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Owner's Refusal to Grant Access Equals Partial Eviction

Sep 26, 2008

Facts: An owner and a tenant entered into a lease agreement that gave the tenant exclusive access to the reception area, a lunchroom, a conference room, and reserved parking spaces. The property was eventually transferred to a new owner that refused to grant access to the areas that were previously agreed upon in the tenant's lease.


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Owner's Future Plans Not Violation of Lease Terms

Sep 26, 2008

Facts: An owner and a tenant entered into a seven-year lease. The tenant made renovations to the space that fit the specific needs of its business. Shortly after, a new owner purchased the building and began renovations, some of which were on the tenant's floor—though not in the tenant's space—and made plans to close down the elevators at the end of the tenant's lease.


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