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What Happened: A pizzeria tenant transferred its interests in a five-year lease to two individuals via an agreement called an “assignment.” When the individuals stopped paying rent with 14 months left on the lease, the landlord sued the tenant for payment of the $125K rental balance. The tenant then sued the individuals, but the court ruled that because the “assignment” was actually a sublease the individuals weren’t on the...
What Happened: After doing an inspection, the landlord tried to evict the U.S. Postal Service (USPS) for violating its lease obligation to keep the premises in good repair, citing among other things:
Moss, birds, and bird droppings on the roof;
Safety netting installed under the ceilings;
Erosion of epoxy coating on the floors allowing water to leak in; and
What Happened: Flooding caused by the bursting of a frozen sprinkler pipe forced a Boston specialty supermarket tenant to temporarily evacuate. After three months of waiting for the landlord to make the needed structural repairs, the tenant lost patience and sued for damages. The jury found that the landlord had violated its lease duty to make structural repairs and awarded the tenant $800,000 ...
What Happened: A landlord sued a retail tenant for, among other things, not paying CAM charges. The tenant acknowledged its failure to pay but claimed it wasn’t liable because the landlord didn’t provide the certification required by the following lease language:
What Happened: A car dealership property was vandalized after the tenant took possession but before it opened. The tenant couldn’t use the space for three-and-a-half months but continued to pay the rent. After repairs were done, the tenant asked for a rent abatement under the following lease clause:
What Happened: In seeking to exercise its five-year lease renewal option, retail tenant Intermix did just about everything right. The notice was timely; it was in proper written form; and it clearly stated Intermix’s intent to renew. But the officer who executed the option on Intermix’s behalf made one mistake: Instead of Intermix, he listed its sister company Old Navy in the signature box. So, the landlord concluded that the notice was defi...
What Happened: A shopping center lease contained a co-tenancy clause giving a tenant a reduced rent if occupancy by major retail tenants fell below 70 percent. The bankruptcy of a grocery store tenant occupying 63,000 square feet triggered the clause. But when the tenant notified the owner of its intent to pay the reduced rent, the owner...
What Happened: After 30 years of running a Dunkin’ Donuts out of the space, a tenant decided not to renew the lease. The tenant left the space broom-clean and removed all the counters, shelving, display cases, and doughnut shop-related furniture. The owner claimed the premises weren’t “rentable,” made long-term renovations, and withheld the $10,000 security deposit to pay for it. The tenant sued.
What Happened: After bringing a successful anticipatory breach claim against it, a medical tenant sued the landlord for its legal fees citing the following lease provision:
What Happened: After years of fruitless negotiations, Wal-Mart decided to pull out of discussions for a long-term ground lease but didn’t notify the would-be landlord until months later. Having invested so much time and money in trying to secure the ground lease, the landlord went bankrupt. As a result, the property went on the market and Wal-Mart bought it. The landlord sued Wal-Mart for breach of good faith, breach of contract, and promissory es...
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