Adam Leitman Bailey Prevails for Landlord: Tenant Responsible for Full Rent
After years of “negotiating” with his commercial tenant, the landlord had enough. He decided to enlist the team at Adam Leitman Bailey, P.C. after his tenant failed to pay rent on his commercial property. The attorneys at Adam Leitman Bailey, P.C. defended the landlord, prevailed on the case, and were awarded legal fees.
In this nonpayment case, the tenant entered into a sublease agreement with subtenants. In an effort to collect the payment that was due, the landlord worked directly with the subtenants with the tenant’s acquiescence, agreeing to a lesser amount of money owed for a period. In response, the tenant claimed that the landlord should not be permitted to collect the full rent owed since the landlord separately agreed to collect a lesser amount from the subtenants. The tenants also argued that the landlord interfered with the contract between the subtenant and the tenant. The axiom of “no good deed goes unpunished” seemed to apply.
The attorneys at Adam Leitman Bailey, P.C. argued that the lease unequivocally permits the landlord to collect rent from any subtenant and apply it to an outstanding balance, however the original tenant remains obligated to pay rent.
On a summary judgment motion, the court ruled in favor of the landlord, granting a final judgment for everything and a hearing on the fees incurred in collection.
Christopher Halligan represented the client in court, while Jamie Schare Rager and Vladimir Mironenko drafted the motion papers.