Parties Agree To $53K In Back Rent
December 21, 2018 at 5:25 p.m.
By David [email protected]
The law firm of Swanson, Martin & Bell LLP filed a complaint June 26 in Kosciusko County Circuit Court against Courthouse Coffee LLC, doing business as Café Mod, for breach of contract and eviction on behalf of its client (the plaintiff), IRC Warsaw LLC, Oak Brook, Ill.
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IRC is the landlord for the property at 622 W. CR 300N, Warsaw, which Café Mod leased beginning June 20, 2013, as a tenant, according to the complaint.
An agreed judgment order filed this week states judgment was entered in favor of the plaintiff, IRC Warsaw, and against defendant Courthouse Coffee Co. LLC for breach of contract and eviction, and against Hoskins for breach of guaranty.
It says judgment is entered in favor of IRC Warsaw and against Courthouse Coffee and Hoskins jointly and severally in the amount of $53,000.
Within 21 days of the order, the defendants shall pay $1,000 via certified check to IRC Warsaw. They then shall pay IRC Warsaw $1,500 a month for 34 months, and a final installment of $1,000 via certified checks paid to IRC Warsaw.
The lawsuit filed in June contended the tenant “is in default of its obligations to pay monthly rent, common area maintenance fees, property taxes and other charges, collectively referred to as rent, pursuant to the terms of the lease.”
On June 11, the complaint states the landlord notified and made demand upon the tenant to comply with its obligation to pay all outstanding rent within 10 days. As of that date, tenant owed $42,283.02 in rent. The tenant did not pay within the 10-day period, according to court papers.
The plaintiff requested the court enter an order in its favor and against the defendants for outstanding rent owed, attorneys’ fees and legal costs incurred in the matter; for possession of the premises; all additional rent accrued through the date of judgment; and any other relief the court deems just.
The complaint requested Café Mod be evicted from the premises.
The law firm of Swanson, Martin & Bell LLP filed a complaint June 26 in Kosciusko County Circuit Court against Courthouse Coffee LLC, doing business as Café Mod, for breach of contract and eviction on behalf of its client (the plaintiff), IRC Warsaw LLC, Oak Brook, Ill.
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IRC is the landlord for the property at 622 W. CR 300N, Warsaw, which Café Mod leased beginning June 20, 2013, as a tenant, according to the complaint.
An agreed judgment order filed this week states judgment was entered in favor of the plaintiff, IRC Warsaw, and against defendant Courthouse Coffee Co. LLC for breach of contract and eviction, and against Hoskins for breach of guaranty.
It says judgment is entered in favor of IRC Warsaw and against Courthouse Coffee and Hoskins jointly and severally in the amount of $53,000.
Within 21 days of the order, the defendants shall pay $1,000 via certified check to IRC Warsaw. They then shall pay IRC Warsaw $1,500 a month for 34 months, and a final installment of $1,000 via certified checks paid to IRC Warsaw.
The lawsuit filed in June contended the tenant “is in default of its obligations to pay monthly rent, common area maintenance fees, property taxes and other charges, collectively referred to as rent, pursuant to the terms of the lease.”
On June 11, the complaint states the landlord notified and made demand upon the tenant to comply with its obligation to pay all outstanding rent within 10 days. As of that date, tenant owed $42,283.02 in rent. The tenant did not pay within the 10-day period, according to court papers.
The plaintiff requested the court enter an order in its favor and against the defendants for outstanding rent owed, attorneys’ fees and legal costs incurred in the matter; for possession of the premises; all additional rent accrued through the date of judgment; and any other relief the court deems just.
The complaint requested Café Mod be evicted from the premises.
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