Owner Wins

Underestimating Expected CAM Costs Wasn’t Fraudulent Inducement

May 20, 2019    

What Happened: A lease for 5,000 square feet of restaurant space...

Landlord Goes After Tenant for Decades-Old Lease Violation

May 20, 2019    

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...

Tenant Free Speech Rights Don't Bar Landlord's Lease Breach Suit

April 22, 2019    

What Happened: A landlord sued a tenant for failing to install sound mitigation measures at its noisy factory as required by the lease.

Liquidated Damages Clause OK Despite Not Listing Specific Amount

April 22, 2019    

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...

Tough New Security System Isn't a Violation of Tenant's Access Rights

April 22, 2019    

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...

Tenant Evicted for Nonpayment Can't Blame Landlord for Wrecking His Business

March 28, 2019    

What Happened: A tenant who hasn’t paid rent for two straight...

Lease Agreement Foreclosed Tenant’s Ability to Collect Condemnation Award

October 18, 2018    

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...

Landlord's Promise to "Work on" Renewal Wasn’t Fraudulent Inducement

September 26, 2018    

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...

Method for Determining Renewal Rent Must Be Sufficiently Definite

August 15, 2018    

Facts: A tenant that operated a market and deli entered into a lease for retail space. The lease was for five years ending in May 2016. The rental rate for the initial term was $5,500 for the first two years, and $6,000 for the remaining three years of the lease. The lease...

Lease Required Tenant to Make Interior Repairs

July 19, 2018    

Facts: A bank leased space for its branch in a retail center. Over the course of several years, the tenant experienced sewer backups and other plumbing problems. It repaired these problems without giving notice to the landlord. After the tenant suspected that water damage had...

Landlord Not Liable for Damage after Month-to-Month Tenancy Terminated

June 20, 2018    

Facts:  A medical tenant clinic signed a lease that it renewed for an additional five-year term. During the initial and renewal term, the tenant paid monthly rent on time. After the renewal term was over, the tenant didn...

Landlord's Unlawful Detainer Action Didn't Bar Subsequent Lawsuit

March 27, 2018    

Facts:  After a retail tenant stopped paying rent, the owner of the center asked a trial court for an “unlawful detainer” so that it could physically evict the tenant. An unlawful detainer action is a...