PHILADELPHIA – A New York-based landlord is charging a Philadelphia pre-school center with breaching and defaulting on its lease agreement for a space located in a South Philadelphia shopping center.
Viking Oregon Avenue Partners, LLC of New York City filed suit in the Philadelphia County Court of Common Pleas on Jan. 22 versus Brilliant Beginnings Early Learning Center, LLC of Philadelphia.
The plaintiff is the owner of property known as the “Oregon Avenue Shopping Center," located at 2001-2053 Oregon Avenue in South Philadelphia, having purchased it from the prior owner, SIN Ventures Oregon Avenue, LP about a year ago.
On June 1, 2016, SIN Ventures and Brilliant Beginnings entered into a seven-year lease agreement for Spaces 11-14 of the Oregon Avenue Shopping Center, totaling 10,295 square feet of commercial space. The defendant was responsible for the payment of monthly rent of $10,295, plus management fees, common area maintenance and real estate taxes.
“Defendant is in default of the terms of the lease by virtue of its failure to pay rent and proper charges as of Jan. 18 in the amount of $12,965.98,” the suit states.
Despite a pair of written notices advising defendant of the default, the suit alleges the defendant has failed to reconcile the outstanding payments.
A section of the lease provides if rent goes unpaid, the tenant shall pay the plaintiff’s attorney’s fees, a $100 late fee and all unpaid amounts with interest at a rate of 18 percent per year or the maximum rate allowed by law, whichever is lesser.
Therefore, the plaintiff claims the defendant owes it the following:
December Rent Late Fee: $100
December Interest Accrued: $119.38
January Rent Late Fee: $100
January Interest Accrued: $115.02 through Jan. 18, plus daily interest of $6.39
For breach of contract, the plaintiff is seeking damages of $13,400.38, plus ongoing rent and additional rent as they accrue, plus interest at the rate of $6.39 per day and attorneys’ fees which 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 180103341
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com