Owner Wins, Owner Loses

Landlord Wrongfully Withheld Tenant’s Security Deposit

December 12, 2019    

What Happened: For five years, a tenant leased space in Houston for use as a bar. After the lease ended, the tenant asked the landlord to return its $11,400 security deposit. When the landlord didn’t respond, it filed a lawsuit. The landlord countersued, claiming that the...

Was Tenant's Agreement an Assignment or Sublease?

December 12, 2019    

What Happened: A pizzeria tenant transferred its interests in a five-year lease to two individuals via an agreement called an “assignment.” When the individuals stopped paying rent with 14 months left on the lease, the landlord sued the tenant for payment of the $...

Tenant Took Too Long to Send Renewal Notice

December 12, 2019    

What Happened: In 2016, a grocery store tenant tried to renew the 15-year lease it signed in 1999, but the landlord claimed that it was too late because the six-month renewal window had already expired. The issue: When did the lease actually begin? The landlord claimed...

Procedural Slips Doom Tenant’s Contract Claims Against Landlord

December 12, 2019    

What Happened: A tanning salon tenant sued its landlord for breach of contract but listed the wrong corporate name. Before the tenant could file an amended suit...

Ordinary Wear and Tear ≠ Grounds for Eviction

November 21, 2019    

What Happened: After doing an inspection, the landlord tried to evict the U.S. Postal Service (USPS) for violating its lease obligation to keep the premises in good repair, citing among other things:

  • Moss, birds, and bird droppings on the roof;
  • Safety...

Did Landlord Drag Its Feet on Repairs to Force Tenant Out?

November 21, 2019    

What Happened: Flooding caused by the bursting of a frozen sprinkler pipe forced a Boston specialty supermarket tenant to temporarily evacuate. After three months of waiting for the landlord to make the needed...

Failure to Certify Costs Dooms Landlord’s CAM Collection Case

November 21, 2019    

What Happened: A landlord sued a retail tenant for, among other things, not paying CAM charges. The tenant acknowledged its failure to pay but claimed it wasn’t liable because the landlord didn’t provide the...

Tenant Gets Rent Abatement Due to Damage It Should Have Prevented

October 28, 2019    

What Happened: A car dealership property was vandalized after the tenant took possession but before it opened. The tenant couldn’t use the space for three-and-a-half months but continued to pay the rent. After repairs were done, the tenant asked for a rent abatement under...

Tenant Accidentally Waives Its Co-Tenancy Rent Cut Rights

October 28, 2019    

What Happened: A shopping center lease let the tenant pay reduced rent if an anchor closed and wasn’t replaced within 120 days. In July 2016, an anchor tenant, Sports Authority, closed and the landlord didn’t find a replacement for nearly three years. But the tenant...

Landlord Not to Blame for Office Tenant’s Desktop Fall

October 28, 2019    

What Happened: After safely pulling off the stunt on several occasions, an office tenant who climbed onto his desk and used a broomstick to close hard-to-reach blinds fell to the floor and broke his spine. Blaming his injuries on the landlord’s failure to maintain the...

Must Tenant Pay Rent If Improvements Aren't Done Yet?

September 17, 2019    

What Happened...

Listing Wrong Company Name Doesn't Defeat Tenant’s Renewal Notice

September 17, 2019    

What Happened: In seeking to exercise its five-year lease renewal option, retail tenant Intermix did just about everything right. The notice was timely; it was in proper written form; and it clearly stated Intermix’s intent to renew. But the officer who executed the option...