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.
What Happened: A landlord sued to evict a spa tenant for violating its lease obligation to maintain a general liability insurance policy. The spa acknowledged the violation but asked the court to toss the lawsuit because the landlord never gave it the formal notice and opportunity to cure required to evict under the lease. The landlord claimed that it didn’t provide the notice because the default was uncurable.
Decision: The New York court agreed with the landlord and denied the tenant’s motion to dismiss.
What Happened: On Jan. 6, an airport authority assigned a lease to a hotel tenant requiring the latter to install a full-service bar, swimming pool, and other improvements and operate under a nationally recognized chain brand name by Dec. 31. But the hotel met neither obligation and the authority sent an eviction notice. The hotel denied that it had defaulted on the lease and continued to send rent payments each month. The Indiana court sided with the authority, and the hotel appealed.
What Happened: A lease for 5,000 square feet of restaurant space required the tenant to pay CAM costs but didn’t specify a figure or include a cap. As the lease was about to begin, the landlord offered an estimate of $6 per square foot. And that’s what the tenant paid.
What Happened: Eight years after moving in, a grocery store tenant renewed its lease in 2003 and wound up staying another 12 years. But as with all long-term relationships, there were disagreements. Issues in this tenancy that had lain dormant for 20 years surfaced just five days before the lease was due to expire when the landlord sued the tenant for failing to make its required tax payments. The key question: Had the statute of limitations expired by then? The jury didn’t think so and awarded the landlord $38,558 in damages.
What Happened: A medical lab claimed that the provision in its lease providing for liquidated damages of “net present value of the entire balance of rent due herein as of the date of [landlord’s] notice, using the published prime rate then in effect” was too open-ended to be enforceable. But the Massachusetts court disagreed and ordered the lab to pay the landlord $1.854 million in liquidated damages for defaulting on the lease. The tenant appealed.
What Happened: A landlord leased space containing a cellular communications tower for tenants’ use to store valuable equipment. The lease gave the tenants “24/7” access to the space. The landlord changed the security arrangements from a simple lockbox to a more elaborate call-in system requiring tenants to call and wait up to an hour for an agent of the landlord to let them in during non-regular business hours.
What Happened: A tenant who hasn’t paid rent for two straight months is aggravation enough for any landlord. But when the tenant who skips rent has just borrowed $6 million from you to make improvements to its manufacturing facility, the stress level is that much worse.
Facts: A large national retailer leased space in a shopping center that later had a major access point blocked by the state’s department of transportation as part of a “condemnation.” The landlord and tenant each asked the state for a “condemnation award.” The lease between the landlord and tenant contained an “eminent domain” provision.
Facts: A tenant rented space to operate its nail salon under a lease that was assigned to it by the original tenant. The lease provided for two additional five-year terms. In order to exercise a renewal option, the tenant had to give written notice 120 days prior to the end of the term stating that it wanted to continue leasing the space.
RSS