A landlord leased commercial space to a tenant to operate a nightclub. The commercial tenant fell behind in rent. The landlord served a notice to pay rent or vacate, giving the statutory three-day period. The lease provided for twenty days to cure non-payment of rent. The tenant argued on appeal that the notice was defective. Although the notice only gave three days to cure non-payment of rent, the landlord waited more than twenty days before filing the summons and complaint. The Court of Appeals ruled that waiting the additional period before taking further action was sufficient, even though the notice […]
Monthly Archives: January 2014
2 posts
A commercial landlord brought an eviction against its tenant. The landlord also filed a separate lawsuit for rent and other money allegedly owed. The eviction was set for trial. The landlord and tenant agreed that the tenant would vacate prior to the trial date, and the tenant in fact vacated the commercial rental property. The tenant then moved for attorney fees, arguing that the landlord did not prevail in the eviction. The trial court denied the motion for fees, noting that neither party “won” the eviction case and the separate lawsuit for rent and other alleged damages was still pending. […]