Commercial landlord sues tenants it says abandoned building

By Noddy A. Fernandez | Jan 2, 2019

ORLANDO — A property lessor is suing Florida corporations and guarantors for alleged breach of lease agreement.

Mary L. Demetree, as trustee of Demetree Alpha Trust, filed a complaint on May 3 in the 9th Judicial Circuit Court of Florida-Orange County against Kumo Japanese Steak House, Inc., Sumo Japanese Steak House, Inc., et al., alleging that they breached their duty by failing to pay rent, failing to continuously operate their business on the premises and abandoning the premises.

According to the complaint, the plaintiff alleges that between Jan. 15, 2015, and March 31, 2018, she leased the premises to defendants pursuant to a lease agreement with a lease term of 10 years and six months, where guarantors executed a personal guaranty for a full performance of the lease. Plaintiff claims the defendants abandoned the premises, allegedly failing to pay rent owed and failing to continuously operate their business, despite plaintiff performing all general and statutory conditions precedent to the agreement. As a result, plaintiff suffered substantial losses, damages and costs. 

The plaintiff requests a trial by jury and seeks damages exceeding $15,000, excluding attorney's fees, costs, interest and such further relief the court deems just and proper. She is represented by Gregg A. Johnson of Garganese, Weiss, D'Agresta & Salzman, PA in Orlando.

9th Judicial Circuit Court of Florida - Orange County Case number 18CA004540

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9th Judicial Circuit Court of Florida - Orange County Garganese, Weiss, D'Agresta & Salzman, PA

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