Owner Wins

No Medical Evidence Linking Negligent HVAC Maintenance to Tenant’s Rashes

September 26, 2024    

What Happened: Six months after an executive recruiting agency moved into its new office, employees began experiencing rashes and congestion while at work, problems that eased as soon as they left the building. Dissatisfied with building management’s response to its...

Tenant Still in Possession After Lease Expires Must Obey Terms of Original Lease

August 27, 2024    

What Happened: A medical tenant decided to remain in possession and continue paying rent after its lease expired. A few months later, Hurricane Irene blew through town and inflicted major damage, forcing the tenant to move out. The tenant sued to recover its security deposit;...

No Bankruptcy Protection for Tenant of Terminated Lease

July 29, 2024    

What Happened: A landlord terminated the month-to-month lease of a toy wholesaler. When the tenant refused to leave, the landlord filed a holdover lawsuit. After several failed attempts by the tenant to get the action dismissed or stayed, the case went to court, which ruled in...

Landlord's Misrepresentation Doesn't Entitle Tenant to Occupy Premises Rent-Free

July 29, 2024    

What Happened: A landlord promised to install fencing around a used car lot if the tenant renewed the lease. Relying on that promise, the tenant re-upped, but the landlord didn’t install the promised fencing. So, the tenant terminated the lease, stopped paying rent, and...

State COVID-19 Shutdown Orders Didn’t Violate Tenant’s “Quiet Enjoyment” Rights

June 25, 2024    

What Happened: Courts around the country continue to rule against tenants seeking to use the COVID-19 pandemic as an excuse for not paying rent. One of the more creative cases involves a fitness center tenant that had to close from March through September 2020 due to shutdown...

Tenant that Terminates Lease Early Must Repay Improvement Costs

June 25, 2024    

What Happened: A lease required a medical tenant to reimburse the landlord for the costs of improvement made to the space if it terminated early. The tenant did terminate early, and the landlord billed it for $108,000 in improvement costs. The tenant refused to pay, contending...

OK for Landlord to Lock Out Smoke Shop Tenant for Selling Prohibited Products

May 28, 2024    

What Happened: A shopping center lease allowed the tenant to use the premises “solely for a tobacco, cigar, and vape store,” and “for no other purpose unless approved in writing by” the landlord.

Tenant's Failure to Carry Required Insurance Is Grounds to Evict

May 28, 2024    

What Happened: A convenience store tenant signed a lease requiring it to carry certain insurance at its sole cost and expense during the lease term, including at least $1 million in general liability insurance, worker’s compensation insurance required by law, and plate...

Landlord Can Collect Attorneys' Fees from Guarantors But Not Tenant

May 28, 2024    

What Happened: After finding it liable for lease violations, a court ordered a restaurant tenant and its guarantors to pay damages to the shopping center landlord. It also held them jointly and severally liable for the nearly $40,000 in attorneys’ fees the landlord...

Landlord Can Evict Pet Boarding Business for Providing Grooming Services

April 29, 2024    

What Happened: In 2019, a tenant signed a six-and-a-half-year lease on property to be used solely “for the purpose of operating a pet and cat boarding facility” and banning other uses without the landlord’s prior written consent. In operating the business, the...

Payment & Acceptance of Holdover Rent ≠ Lease Renewal

March 29, 2024    

What Happened: An office tenant didn’t exercise its renewal option on a lease that expired in April 2022. However, the tenant continued to pay, and the landlord continued to accept rent after the expiration date. A few months later, when the tenant ran into problems that...

Allowing Illegal Cannabis Sales in Space Is Grounds to Evict Convenience Store Tenant

March 29, 2024    

What Happened: A tenant leased the ground-floor store in a building for use as “a first-class convenience shop doing business as ‘AM PM Market’.” Just over a year into the 10-year lease, the landlord’s property manager discovered that a company...