Owner Wins, Owner Loses

Tenant Can't Use Lease Drafts to Dispute Owner's Termination

July 25, 2010    

Facts: A drugstore tenant signed a lease with the owner of a property that was about to be developed into a shopping center. The tenant and owner agreed that unless the center had been built by a specified date, either party would have the right to terminate the lease—for any reason...

Tenant with Stairwell Access Could Not Terminate Over Broken Elevator

July 25, 2010    

Facts: A garment manufacturer tenant signed a lease for the seventh-floor of a building. The tenant and owner acknowledged that because the building's elevator was undergoing renovations, it might not be available for service at the start of the lease term. To account for the possible...

Property Manager Entitled to Compensation for 17 Years of Past Services

June 29, 2010    

Facts: A property manager was hired by his father-in-law, the owner of a struggling shopping center, to manage the property. The owner agreed to compensate the property manager at some point in the future, when or if the center became profitable. The property manager agreed, believing...

Definition of “Gross Leasable Area” Ambiguous in Lease

June 29, 2010    

Facts: An electronics franchise signed a lease with the owner of a retail lifestyle center.

Similar Trade Names Violated Competition Clause

June 29, 2010    

Facts: A shoe store tenant signed a 10-year lease with a mall. Under the lease, the tenant was required to pay minimum monthly rent plus 5 percent of its annual gross sales over $1.1 million. A “kickout” provision in the lease allowed the tenant to terminate it early if the...

Owner Not Liable for Tenant's Dangerous Condition

May 31, 2010    

Facts: A restaurant that specialized in tea and tea-related merchandise rented space in a building from an out-of-possession owner that had a right under the lease to access the premises for making structural repairs. Prior to the restaurant's tenancy, there had been no service...

No Duty to Maintain Common Areas Controlled by Owner

May 31, 2010    

Facts: A customer was injured when he fell on ice in the parking lot of shopping center that consisted of a several businesses in stand-alone buildings, including a national home improvement tenant. The home improvement tenant's lease required the owner and property manager to...

Owner Owes Duty of Extraordinary Care to Elevator Passengers

April 27, 2010    

Facts: Two tenant employees were trapped and repeatedly bounced up and down uncontrollably for almost an hour and a half in a malfunctioning elevator in the office building where they worked. The office building was owned and managed by a commercial property management company. Both...

Foreign Substance Requires “Reasonable Care” Warning

April 27, 2010    

Facts: A customer slipped and fell on the lobby floor of a Post Office while trying to mail a letter for his employer, injuring his face and head. The customer claimed that he slipped because the lobby floor was wet due to other customers tracking water into the Post Office during a...

City and Owner Share Maintenance Duty for "Special Use" of Sidewalk

April 11, 2010    

Facts: A pedestrian was injured when he fell through a concrete-filled metal grate in a public sidewalk. The grate covered a defunct stairwell to the basement of a building on the property abutting the sidewalk. The stairwell had been reconstructed with the grate by the abutting property...

Tenant on Hook for Failure to Obtain Insurance

February 26, 2010    

Facts: A restaurant customer was injured when he tripped and fell on a defective sidewalk abutting the restaurant. The property on which the restaurant was located was owned by a realty company that leased the space to it under a lease agreement and a rider to the lease agreement.

Owner Entitled to Full Rent for Abandoned Buildings

February 1, 2010    

Facts: An owner sued a tenant for breaching its two leases after the tenant abandoned both of the owner's buildings that it rented and refused to pay the remaining rent due under the leases. After the tenant failed to appear at two summary dispossess proceedings for nonpayment of rent...