WHEELING — An Ohio County novelty store has sued its tenant for alleged breach of a 2013 rental agreement.

Al’s Novelty & Coin Machine Inc. of Triadelphia filed a lawsuit Feb. 19 in Ohio Circuit Court against Grindhouse WV doing business as Grindhouse Coffee & Tea Co.

According to the complaint, Al's Novelty operates a retail establishment at 2085 National Road in Wheeling, and on May 1, 2013, it entered into a sublease agreement with the defendant stipulating a monthly rent of $2,100. The suit says Grindhouse failed to remit payments totaling $13,413.99 for August 2014 through Feb. 18, 2015. The plaintiff issued a letter to the defendant dated Oct. 7, 2014 and a follow-up letter dated Jan. 20, 2015, providing a termination date of Jan. 31, 2015, according to the suit.

The suit states Grindhouse Coffee & Tea Co. refuses to vacate the premises. Al's Novelty alleges breach of contract in failure to pay rent and resolve the default amount, plus ongoing material damages. It requests the court: establish a hearing date; issue a warrant for eviction; and award immediate possession of the leased property back to Al’s Novelty & Coin Machine Inc.

The plaintiff seeks post-judgment interest, attorney fees and costs. It is represented by attorney Robert Plumby of Phillips, Gardill, Kaiser & Altmeyer in Wheeling. The case has been assigned to Circuit Judge Martin J. Gaughan.

Ohio Circuit Court case number: 15-C-52-P

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