CHARLESTON -- McCabe Land Company is suing Green Owl, LLC, after it claims it failed to pay rent.

McCabe Land Company is the owner and lessor of commercial real estate property on Kenton Drive in Charleston, according to a complaint filed June 30 in Kanawha Circuit Court.

On June 17, 2008, McCabe claims it and Green Owl executed a commercial lease agreement for the first floor of the property for a period of five years.

The monthly rent payment for the initial year beginning in 2008 was $3,366 and was to increase annually upon renewal, according to the suit. Upon annual renewal, the monthly rental payments were to be $3,815 for the first renewal year, $4,264 for the second renewal year, $4,713 for the third renewal year and $4,713 for the fourth renewal year.

McCabe claims since Dec. 1, 2010, Green Owl has repeatedly failed to make any timely payments for rent or operating expenses, therefore breaching and defaulting on its lease.

On Jan. 21, McCabe sent the defendant an eviction notice, but Green Owl has refused to vacate and surrender the property, according to the suit.

McCabe claims Green Owl owes $11,564.69 pursuant to the terms of the lease.

The plaintiff has a right of recovery of all past due amounts owed as well as pre- and post-judgment interest, according to the suit.

McCabe is seeking judgment against the defendant for past due rent and the remaining sums due with pre-judgment interest. It is being represented by J. Mark Adkins and Greg S. Foster.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-1098

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