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What Happened: Trader Joe’s sued a political organizing firm that sent agents to the parking lots of its stores to gather customers’ signatures for ballot initiatives without its permission.
What Happened: A lease contained the following provision: “None of Landlord’s obligations under this lease shall be subject to specific performance or injunctive remedies, and Tenant waives all rights with respect to such remedies.”
This clause basically means that if a tenant thinks the landlord violated the lease, it can only sue for money damages and can’t ask a court to force or block the landlord from taking a specific action. But is the provision enforceable?
What Happened: “We would have never signed the lease without the landlord’s promise to evict the existing chiropractor tenant and make us the lone and exclusive chiropractic clinic in the shopping center,” claimed the tenant.
The landlord denied making any such promise and contended that the tenant knew about the other clinic all along but signed the lease anyway.
Decision: The Florida federal court sided with the landlord and dismissed the tenant’s fraud claims.
What Happened: A lease stated: “Tenant shall have the right and option to extend the Term for one (1) three (3) year option, exercisable by giving Landlord prior written notice, at least six (6) months in advance of Expiration Date, or Tenant’s election to extend the term; it being agreed that time is of the essence. . .” (emphasis added).
What Happened: Soon after acquiring a hotel, the new owner terminated the lease with the beachside scuba rental concession tenant. The tenant cried foul and sued for damages. The case all turned on the following lease clause: “Term: this lease shall be enforced commencing on September 18, 2007 and terminating on the demolition of the property” (emphasis added).
Since the property wasn’t demolished, the tenant claimed that the lease was still in effect. But the court disagreed and upheld termination.
What Happened: When Sears went bankrupt, its Mall of America (MoA) lease was taken over not by another retailer, restaurant, or amusement venture, but by Transform Leaseco LLC, a “very unshopping-mall-like” corporate entity created by Sears executives to secure control of the retailers’ many real estate assets during bankruptcy p
What Happened: For Knicks fans, the Michael Jordan’s Steakhouse in the middle of New York City’s Grand Central Station must have felt like an anomaly doomed to fail. And, ultimately, it did. The restaurant lost money, and the owners blamed it on the landlord’s long-running construction project, especially the barriers that blocked customer access and obscured the view of the Michael Jordan-branded awnings that gave the steakhouse so much of its sizzle.
What Happened: When Sears went bankrupt, its Mall of America (MoA) lease was taken over not by another retailer, restaurant, or amusement venture, but by Transform Leaseco LLC, a “very unshopping-mall-like” corporate entity created by Sears executives to secure control of the retailers’ many real estate assets during bankruptcy p
What Happened: A landlord sued a warehouse tenant for unpaid rent and the $9,000 it spent to remove the seven trailers, two tractors, two refrigerators, two pianos, furniture, and other property the tenant left behind after being evicted. While admitting liability for the rent, the tenant denied responsibility for the landlord’s removal costs. The lease didn’t say anything about the tenant’s having to pay the landlord’s costs of removing abandoned property, it argued. And since the landlord drafted the lease, that ambiguity should count against it.
What Happened: Roughly 18 months into a five-year lease, the landlord sued to evict a tenant for late payment of rent. After settling with the tenant out of court, the landlord asked the tenant’s guarantor to pay the rent for the remaining months of the lease.
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