PHILADELPHIA – A Center City property management company has filed suit against one of its former tenants at one of its buildings in downtown Philadelphia, claiming it is in default to it in excess of $54,000.
105 S. 12th Street Partners, LP of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Aug. 25 versus Robert Smith (doing business as “Black Tie”), also of Philadelphia.
On or about Jan. 9, 2013, a lease agreement was entered into by and between the predecessor of Landlord, Eagle PA Associates, L.P., a Pennsylvania limited partnership and tenant for the rental of approximately 1,700 rentable square feet of commercial space located in the building at 113 South 12th Street in Philadelphia. According to the documentation, the initial term of the lease commenced on or about Feb. 1, 2013 and is set to end on or about April 30, 2018.
Per the lease, the defendant was responsible for base monthly rent of $4,850, plus real estate taxes, utility charges, use and occupancy taxes, insurance charges and Center City district charges, plus a 10 percent late fee on unpaid balances.
The litigation alleges the defendant is in default of the lease by failing to pay rent and proper charges as of Aug. 14, in the amount of $54,127.98. Plaintiff says it provided defendant with written notice of said default via a letter on Aug. 8, but despite demand, the defendant has refused and continues to refuse to cure the defaults.
For a lone count of breach of contract, the plaintiff is seeking damages of $54,127.98, plus ongoing base rent, real estate taxes, utility charges, use and occupancy taxes, insurance charges and Center City district charges as they accrue, plus interest, attorney’s fees and additional late fees that accrue through the time of judgment and costs.
The plaintiff is represented by Peter A. Lesser of Sirlin Lesser & Benson, in Philadelphia.
Philadelphia County Court of Common Pleas case 2017-006229
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com