David Rich, Evan Johnson obtain verdict for landlord in commercial lease dispute
David H. Rich and Evan A. Johnson following a bench trial involving a commercial lease dispute persuaded a Middlesex Superior Court judge to deny the tenant’s claims, and award nearly $20,000 in back rent and possession of the premises to their landlord client.
The judge allowed the landlord’s pretrial motions to preclude the tenant’s emotional distress claim, an alleged oral modification of the lease, and to prevent the tenant from calling late-disclosed witnesses at trial.
Ultimately, the judge rejected each of the tenant’s claims, including breach of contract, intentional misrepresentation and fraud, negligent infliction of emotional distress, and unfair trade practices.
The crux of the case centered on the tenant’s failure to pay rent when its hair salon business struggled financially in late 2019 and early 2020. The salon owner during this time unsuccessfully attempted to sell the business.
The firm’s client delivered to the tenant two notices of default on the lease and ultimately repossessed the premises.
The trial judge rejected the tenant’s claims that it did not receive the notices of default.
In fact, the evidence showed that the landlord had communicated to the salon owner via text messages that she was required to continue paying rent despite her efforts to sell the business.
The trial judge entered an order permitting the landlord to seek its reasonable attorneys’ fees as contemplated by the commercial lease.