Home improvement company allegedly breached lease agreement, left property in disrepair

By Nicholas Malfitano | Dec 22, 2017

PITTSBURGH – A local property owner has sued a home improvement company, also of Pittsburgh, for rental costs allegedly due and owing from a breached lease agreement.

P&P Sports Properties of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Dec. 15 versus Lisa Ray and Frank Ray (doing business as “Blue Sky Materials”), also of Pittsburgh.

According to the lawsuit, the parties entered into a five-year lease agreement commencing on Sept. 1, 2015 and ending on Aug. 31, 2020, which provided for the payment of both “Fixed Rent” and “Additional Rent”.

Dates                                         Applicable Fixed Rent

September-December 2015       $0

January-April 2016                   $500

May-August 2016                     $1,000

September-December 2016       $1,500

January 2017-August 2020       $2,000

These payments were attached with late charges of $200 plus interest of 1.5 percent of the outstanding amount until reconciled, if applicable, the suit says.

Furthermore, additional rent was due each month, comprised of 50 percent of 1/12 of the annual amount of all real property taxes assessed in respect of the premises; 50 percent of 1/12 of the annual amount of all premiums for the insurance policies; and all costs which may become due if the defendants did not comply with any of the aforementioned terms, the suit says. 

In addition, the tenants were allegedly responsible for performing basic repairs, such as removal of ice, snow, debris, lawn and garden maintenance.

Per the lawsuit, the defendants did pay Fixed Rent in a timely manner through May 2017, were late with Fixed Rent in June 2017 and have not paid it at all since. They also paid Additional Rent through June 2017, but have also not paid it at all since.

The defendants commenced demolition on the premises at one point, but then ceased all work and abandoned said premises in August 2017, leaving it in a state of “extreme disarray, disrepair and inhabitability," the suit says.

Through all of the above actions, the plaintiff considers the defendants breached the lease agreement in numerous ways.  

For breach of contract, the plaintiff is seeking damages in excess of $35,000, including compensatory damages, attorney’s fees and costs of suit, pre-judgment interest as provided by law and under the terms of the lease and post-judgment interest as provided by law, along with a trial by jury.

The plaintiff is represented by Avrum Levicoff of The Levicoff Law Firm, in Pittsburgh.

Allegheny County Court of Common Pleas case GD-17-017094

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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