[RPPTL LandTen] landlord remedy of specific enforcement

[Anthony J. Horky]

Hello all. I have a situation where a commercial tenant is refusing to
perform a non-monetary covenant in a lease agreement.  The landlord does
not, at this stage, wish to evict the tenant but wants it to perform its
non-monetary obligations under the lease.  I'm inclined to file an action
for specific performance.  Without revealing too much detail, I believe they
meet the requirements for a decree-inadequate remedy at law, etc.   My
research has turned up few cases. Thus raising the issue of how common is it
in the LL/T arena for a landlord to sue for specific performance?     I've
reviewed the Mayor's Jeweler's case where the court did not allow specific
performance to force a tenant to stay in business and not vacate.  However,
the Lincoln Tower Corp. case cited therein said specific performance is
available to a landlord when the tenant intends to remain a tenant but
otherwise refuses to perform an obligation owed under the lease.  For
example, if a tenant refuses to provide an accounting to the landlord so
that it can be determined whether percentage rent is owed based on gross
sales.  It is not monetary as of yet since it is unknown whether the tenant
owes percentage rent.  

 

Does anyone have an opinion or can provide me with any case law to support a
landlord seeking specific performance when the tenant intends to remain a
tenant but is otherwise breaching a non-monetary lease provision?  Thank
you. 

 

Regards, 

 


 

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096                    

 <http://www.horkylaw.com> www.horkylaw.com

 


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