Tenant Loses

Mall Owner Released from Liability for Jewelry Theft

October 30, 2015    

Facts: A jewelry vendor signed a license agreement to sell its inventory from a kiosk in a mall. At the end of the day, the tenant would store its inventory in a safe contained within its space. The space was then closed off and the mall itself was not...

'Premises' Referred to Only Interior of Tenant's Space

October 30, 2015    

Facts: A tenant rented space to operate its café and lounge in an Art Deco-style entertainment complex that included a theater and flashing signage. According to the tenant, the exterior of the building and the unique signage attracted customers to its location. Under the lease...

Owner Not Required to Pay for Accessibility Expenses

September 30, 2015    

Facts: Less than one year after entering into a five-year lease, a tenant vacated its space, declaring that the owner had materially breached the lease by allegedly refusing to make accessibility improvements under the Americans with Disabilities Act (ADA) that the tenant...

Owner's Handwritten Lease Correction Is Valid

August 31, 2015    

Facts: An owner and tenant were to sign a five-year lease extension. But shortly before it was executed, the owner discovered that the termination date was listed as being a year earlier than they had agreed upon. The owner made and initialed a handwritten correction that...

Trial Needed to Determine Fraudulent Nondisclosure Claim

August 31, 2015    

Facts: A tenant negotiated two leases for space for two of its upscale restaurants at an Atlantic City, N.J., pier. The tenant was interested in the particular spaces because two other upscale restaurants had also signed leases for nearby space with the owner.

Owner Adequately Mitigated Damages

August 31, 2015    

Facts: A shopping center owner sought to recover damages from a liquor store tenant after it breached its lease and lease guarantees by failing to pay rent. After the owner sent the tenant a notice to quit possession of the premises, the tenant moved out. The owner sued the...

Tenant Must Pay Holdover Rent Rate in ‘Clear and Unambiguous’ Lease

July 30, 2015    

Facts: A law firm leased an entire floor in a commercial condominium building. The lease required the tenant to continuously maintain a letter of credit, and to replace that letter of credit if it was no longer valid at any point. A failure to do this would be a lease default....

Misused Name in Guaranty Didn't Relieve Guarantors' Responsibility

June 26, 2015    

Facts: A shopping center owner signed a lease guaranteed by the tenant’s business partners. The tenant stopped paying rent. The guarantors refused to pay. They argued that because the “landlord” was listed as a different business entity in the lease than in the...

Settlement Terms Didn't Supersede Lease Requirements

June 26, 2015    

Facts: A car wash tenant signed a lease with a renewal option every five years. The tenant exercised its renewal option twice. During the second renewal period, a dispute between the tenant and owner was settled by a court. The settlement stated that the tenant could operate...

'Res Judicata' Precluded Tenant's Claim to Continue Operating

June 26, 2015    

Facts: The owner of retail space sent a notice informing its tenant that it was in breach of the lease because it hadn’t installed a fire alarm system. The tenant refused to install a system, and the owner was fined by the city. The owner filed a petition with a court to...

Tenant's Yellowstone Injunction Denied

June 26, 2015    

Facts: A retail tenant was required by its lease to get the owner’s consent for all assignments and subleases. The tenant defaulted on its lease by, among other violations, assigning without permission the lease to its separate corporate entity, which later subleased the...

Rent Obligation 'Survived' Owner's Reentry

May 15, 2015    

Facts: The owner of space leased by a kitchen and bath product retailer locked the tenant out of its space after it paid partial rent for several months and then stopped paying rent altogether. The tenant claimed that it was relieved of the obligation to pay rent after the owner...