Tenant Wins

Landlord's Insurer Can't Seek Subrogation from Tenant

January 29, 2019

Facts:A landlord and a tenant signed a lease that provided that the landlord would insure the building and the tenant would insure its personal property inside the building. When the property was later damaged by a fire, the landlord’s insurance covered the loss. The...

Tenant's Yellowstone Injunction Appropriate Pending Outcome of Late Rent Claims

December 18, 2018

Facts: A tenant rented space for its office on two floors of a building. When it attempted to exercise its option to renew its lease for an additional five-year term, the landlord offered to buy out the lease, but the tenant rejected the offer. A few weeks later, the tenant...

Landlord Must Pay for Tenant's Improvements Without Giving Express Consent

December 18, 2018

Facts: A landlord leased so-called vanilla box space to a café tenant. The tenant was required to perform electrical work before it could open. Its contractor, an electrician, completed the work, and the landlord was informed that it had been done so the café could open. The...

Jury Trial Needed to Determine Maintenance Responsibility

November 21, 2018

Facts: A jewelry store tenant that leased space in a shopping center complained repeatedly about a sewage smell and mold problem in the store. It claimed that it was losing business. Its complaints were documented in multiple emails over the course of several months. For its...

Trial Necessary to Determine Whether Cotenancy Clause Constituted 'Liquidated Damages'

April 25, 2018

Facts: A clothing retailer tenant signed a lease for space at a shopping center. The lease included cotenancy provisions that required the owner to lease space to three major tenants. If all three tenants were open and operating continuously, the retail tenant paid minimum rent...

Landlord's Board Testimony Regarding Damages Was Improper

March 29, 2018

Facts: A dry cleaning business subleased space in a shopping center. The business owner was also the guarantor on the sublease. The subtenant prematurely vacated the space. The landlord sued the subtenant. A trial court ruled in favor of the landlord, awarding it $343,000 in...

Trial Required to Determine Whether Owner Took Control of Premises

January 31, 2018

Facts: An owner and tenant signed a lease for a four-story parking garage with two retail spaces below it. The owner served the tenant with a written notice to cure 21 lease violations primarily related to the physical deterioration of the building caused by the tenant. In...

Owner Is Responsible for Common Area Maintenance

December 22, 2017

Facts: The owner of a movie theater signed a lease for space at a mall. Over a period of time, maintenance issues, like timely garbage removal, became apparent. The tenant asked the owner to take care of maintenance and upkeep, asserting that the lease and common area...

Trial Needed to Determine Whether Site Plan Change Was Permissible

November 30, 2017

Facts: The lease between a multiple-phase shopping center owner and national tenant indicated that the tenant would occupy a space in building A of phase one in the not-yet-constructed property. The lease contained certain provisions concerning the construction process and the...

Landlord's Ownership Interest in Pylon Not Protected by Tenant's Lease

September 27, 2017

Facts: A shopping center tenant affixed its name to a pylon sign on the property. The owner of the center disputed the tenant’s right to use the sign. The owner and tenant each asked a trial court for a judgment in its favor without a trial.

Decision:...

Tenant Not Bound by Covenant of Good Faith and Fair Dealing

August 30, 2017

Facts: A shopping center owner decided to construct a new set of buildings within the shopping center grounds, which would house tenants that would be beneficial to its anchor store, a national clothing retailer. The retailer’s lease contains a clause that requires the...

Tenant's Use of Cooking Equipment Permitted by Lease

July 31, 2017

Facts: A sushi restaurant began operating in the basement space of a mixed-use brownstone building that included other commercial space and some apartments. It became apparent that cooking odors were wafting into the first-floor commercial space, which was vacant but being shown...