Owner Loses

RSS

Facts: An owner sued a tenant for nonpayment of rent, and asked that the court award it back-rent of nearly $13,000 and possession of the leased space. The court awarded the owner the requested relief after the tenant did not appear for the trial. The tenant subsequently asked the court to allow it to reinstate the tenancy by paying the overdue rent. The tenant claimed that its store manager falsely reported that the rent had been paid in full, and did not inform management about the lawsuit.

Decision: A New York court ruled in favor of the tenant.

Facts: The owner leased a parking lot to a tenant, and both agreed that the tenant would use the lot only for off-airport parking and related uses. Subsequently, the tenant opened up a second lot nearby and focused primarily on its operations. Eventually, the tenant moved all of its business to the second lot, but continued to pay the owner for the vacant premises until the lease ended.

The owner sued the tenant, arguing that the tenant violated the lease and devalued the lot by not continuously running a parking lot on the premises.

Facts: In 2002, a tenant approached the owner about subletting two of its floors to a second tenant. Instead, the owner entered into a separate lease with the second tenant and charged less for rent. The primary tenant was required to cover the difference and be responsible for the full rent if the second tenant defaulted.

Facts: An employee of a shopping center tenant died as a result of a criminal assault committed in the tenant's space. Because the victim was the tenant's employee, all claims surrounding her death were handled by the tenant's workers’ compensation insurance.

Facts: An owner sued two tenants for defaulting on their commercial leases. The owner attempted to collect damages that would have been more than the fair market value of the properties. A Georgia trial court ruled in favor of the tenants, and the owner appealed.

Decision: A Georgia appeals court upheld the trial court's ruling.