Landlord says medical center left biohazardous waste, still owes rent

By Harmon Marks | Feb 21, 2013

HAMLIN - Stowers & Sons Land Co. claims it is owed more than $38,000 by Tri State Medical Center for unpaid rental and clean-up at a leased Lincoln County property.

Hamlin attorney William J. Stevens II filed Stowers’ suit Jan. 14 in Lincoln Circuit Court, naming Area Health Systems, Inc., doing business as Tri State Medical Center, and Dr. Gregory D. Chaney of Barboursville as defendants.

The complaint says a one-year lease originated March 31, 2000, for $12,000 payable at $1,000 per month. The agreement was renewed for another four years, says the plaintiff.

Further lease renewal was affected for five years, with rent adjusted to $16,500 a year payable in monthly installments of $1,375.

The property owner complains lessee continued to pay monthly at $1,000 despite being notified of the new annual rental amount.

"Based on the terms of the lease beginning in April of 2005 thru March of 2010," Stowers presents, "the defendants failed to pay... $22,500 owed the plaintiff by the clear terms of the lease."

From April 2010 thru July 2011, according to the suit, defendants continued to pay $1,000 a month, which left an additional $6,000 owed.

Defendants closed their offices on the leased property Dec. 31, 2011, without notifying Plaintiff, says the complaint, thus leaving an additional rental amount due of $6,875.

When their offices were closed, the suit contends, biohazardous waste was left and the location was in general disrepair. Plaintiff says several companies had to be brought in to clean the property, which was unavailable to rent through May.

Defendants' actions cost the property owners $38,553, concludes complaint, and Plaintiff seeks awards in Judge Jay M. Hoke's court for damages in an amount to fairly compensate losses, together with litigation costs, pre- and post-judgment interest, and such other relief deemed appropriate.

Lincoln Circuit Court Case 13-C-6

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