After a two day court trial, John Tamborelli successfully obtained a verdict in favor of the commercial real estate client for all back rent, penalties, CAM, costs and attorneys’ fees. After the filing of the Commercial Unlawful Detainer action and the tenant vacating the premises, the matter became a breach of Contract (Lease) case. It was shown that the 1995 standard commercial lease applied and controlled the 2009 1 page modification which was entered into between the landlord and tenant to relocate the tenant in a new space with a new base rent rate.
Multiple attempts were made prior to trial to try and informally resolve. These attempts were rejected as the Tenant claimed the underling Lease did not control and only base rent was owed. The court, specifically found the underlying lease did control, that Tenants testimony, as shown on cross-examination was repeatedly false and as a result awarded all claimed damages including court costs, interest and attorneys’ fees.