Landlord Sues Tenant for $42,283 In Rent

June 29, 2018 at 6:55 p.m.
Landlord Sues Tenant for $42,283 In Rent
Landlord Sues Tenant for $42,283 In Rent

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Courthouse Coffee LLC – doing business as Café Mod – is being sued for breach of contract and eviction in Kosciusko Circuit Court.

The complaint was filed on Tuesday by the law firm of Swanson, Martin & Bell LLP for the plaintiff, IRC Warsaw LLC, 814 Commerce Drive, Suite 300, Oak Brook, Ill.

IRC is the landlord for the property at 622 W. CR 300N, Warsaw, which Café Mod leased beginning June 20, 2013, as a tenant.

The lawsuit contends 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.

“Pursuant to the terms of the lease, this is a default and landlord has the right to terminate tenant’s possession rights,” the complaint states. It also says the tenant “unlawfully withholds possession of the premises from landlord” and that the landlord “has incurred and will continue to incur attorneys’ fees and court costs, which are required to be paid by tenant pursuant to the terms of the lease.”

The plaintiff requests 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 requests Café Mod be evicted from the premises.

Courthouse Coffee LLC – doing business as Café Mod – is being sued for breach of contract and eviction in Kosciusko Circuit Court.

The complaint was filed on Tuesday by the law firm of Swanson, Martin & Bell LLP for the plaintiff, IRC Warsaw LLC, 814 Commerce Drive, Suite 300, Oak Brook, Ill.

IRC is the landlord for the property at 622 W. CR 300N, Warsaw, which Café Mod leased beginning June 20, 2013, as a tenant.

The lawsuit contends 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.

“Pursuant to the terms of the lease, this is a default and landlord has the right to terminate tenant’s possession rights,” the complaint states. It also says the tenant “unlawfully withholds possession of the premises from landlord” and that the landlord “has incurred and will continue to incur attorneys’ fees and court costs, which are required to be paid by tenant pursuant to the terms of the lease.”

The plaintiff requests 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 requests Café Mod be evicted from the premises.

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