May Centers, Inc. v. Paris Croissant Of Enfeld Square, Inc., Et Al

599 A.2d 407 (1991)

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Nature of the Case

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Facts

P and (Paris) D entered into a 10-year lease, prepared by P, for commercial space at the Enfield Mall. The lease provided for a minimum rent, to be paid in advance on the first day of each calendar month. If D failed 'to remedy any default in the payment of any sum due under this lease for ten (10) days alter notice' P could re-enter the premises and sublet them, or declare the lease at an end, evict D and collect the rent due over the balance of the term of the lease. D's failure to pay rent also entitled P to charge interest at 12% on the unpaid balance, plus attorney's fees incurred to collect back rent. The lease also provided 'No waiver of any default hereunder shall be implied from any omission by either party to take any action on account of such default if such default persists or is repeated, . . . . . The acceptance by landlord of rent with knowledge of the breach of any of the covenants of this lease by tenant shall not be a waiver of any such breach.' Individual defendants (Ds) guaranteed payment of the rent for the first two years. D continued to pay the rent around the middle of each month. A similar pattern persisted through 1987, although in some instances the rent was paid later. In 1988, the January rent was posted as paid on January 29, the February rent on February 22, the March rent on March 24, and the April rent on April 25. The two-year period of the guaranty expired on April 14, 1988. In June 1987 defendant Anthony Scussel sold his interest in D to Summers and Scussel thereafter ceased to be involved in D's business. In July 1988, D became erratic in its rent payments, and P started sending notices of default. They were sent in July 1988, September 1988, February 1989 and April 1989. In May 1989 D, ceased paying rent and gave up its key to P. P eventually reletted then in May 1990. The unpaid rent, charges, and assessments under the lease as of May 1990 amounts to $43,945, interest on the arrears to the date of trial amounts to $5,799.35, and attorney's fees and costs of collection through the trial amounts to $6,223.70, totaling $55,968.05, which P claims as damages. P sued D and Ds.