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What Happened: A pharmaceutical company used the warehouse it sublet to store its drug products. But the warehouse sprinkler system went haywire and inflicted $265,110 in damage to the products. The company sued the landlord and tenant. Naturally, each side blamed the other and filed cross claims—that is, claims pitting one defendant in a lawsuit against the other.
Ruling: The Delaware court refused to grant summary judgment...
What Happened: Bed Bath & Beyond (BB&B) didn’t provide the necessary sales records to verify its percentage rent payments, concluded the landlord’s auditor in the spring of 2017. The landlord didn’t talk to BB&B or otherwise follow up on the audit. Move ahead three years when, after not paying April and May rent due to the pandemic, BB&B offered full payment in June.
What Happened: It was a long running dispute: The landlord thought the tenant owed Terminal Usage Fees; the tenant disagreed. In a civil society, there are courts to resolve these types of disputes. But instead of filing a lawsuit, the landlord took matters into its own hands by blocking the access roads used by customers to get to the tenants’ liquid petroleum tanks. Rather than give in to extortion, the tenant went to court seeking a preliminary...
What Happened: While laws banning landlords from harassing tenants are common in residential settings, New York is one of the few states that extends this protection to commercial tenants. A small landscaping business owner claimed that her landlord crossed the line by filing three different eviction lawsuits against her in the course of a year, even though she did nothing wrong and paid the rent on time each month. The court agreed and ordered the land...
What Happened: Ultimately, the tenant who leased property to open a marijuana retail store was found to have no excuse for moving out and not paying rent. But there was another question the court had to decide: Did the tenant have the right to take the bolted-down glass display cabinets, television monitors that were affixed to the walls, and outdoor air conditioning unit? The trial court said no, ruling that the items were fixtures that formed part of ...
What Happened: The following clause, which refers to California Title 24 requiring buildings to meet specific energy efficiency standards, was at the center of a dispute between a landlord and its optical components manufacturing tenant:
Landlord shall be responsible to perform all work to the Premises and/or Building necessary to comply with Title 24 which may be required as a result of the Landlord's Work or Tenant...
What Happened: Two unknown assailants attacked a GameStop customer in the parking lot of the property it leased. The customer sued GameStop for negligence. GameStop argued that it's not liable for what happened in the parking lot, because it doesn’t control that property; the landlord does.
Decision: The federal court in New Mexico agreed and tossed the case without a trial.
What Happened: A landlord discovered that a tenant had removed landscaping, added a sidewalk, and made other major structural alterations without notifying or getting the landlord’s consent as the lease required. The failure of the unauthorized alterations to meet building code, ADA, and other regulatory standards did little to relieve the landlord’s ire. But rather than evict, the landlord sued the tenant for committing waste, claiming that...
What Happened: For five years, a tenant leased space in Houston for use as a bar. After the lease ended, the tenant asked the landlord to return its $11,400 security deposit. When the landlord didn’t respond, it filed a lawsuit. The landlord countersued, claiming that the tenant did roughly $100K worth of damage to the premises. The trial court sided with the tenant, and the landlord appealed.
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