Whanger Health & Fitness sued over rent

By Kyla Asbury | Mar 28, 2013

CHARLESTON - St. Albans Center II LLC is suing Whanger Health & Fitness LLC after it claims it owes more than $20,000 in rent, fees and interest.

On April 1, 2008, St. Albans Center II and Sprouse Fitness, an assignor, entered into a five-year lease term regarding the premises of Store #4 at the St. Albans Shopping Center in the amount of $1,413.60 payable in advance upon the first day of each month, according to a complaint filed March 12 in Kanawha Circuit Court.

St. Albans claims on Oct. 1, 2010, Sprouse and Whanger entered into an "Assignment and Assumption of Lease and Security Deposit," which created a contractual agreement whereby Whanger would assume all of the obligations and responsibilities of Sprouse in and to the lease from that date forward.

On Nov. 30, 2010, St. Albans, Sprouse and Whanger entered into a "Landlord's Consent to Assignment and Assumption of Lease Agreement," which served as acknowledgment of St. Alban's approval of the assignment agreement entered into the previous month, according to the suit.

St. Albans claims as of March 6, the defendant has continuously breached monetary contractual obligations per the lease agreement.

Despite repeated indications from St. Albans, the defendant has failed to comply with the terms of the contract and pay past due amounts, according to the suit.

St. Albans claims Whanger has breached its contract by failing and refusing to perform its contractual duties.

As a result of the defendant's breach, St. Albans has suffered damages of at least $20,033.51, according to the suit.

St. Albans is seeking judgment in the amount of $20,033.51 with pre- and post-judgment interest. It is being represented by John P. Fuller and Betsy L. Stewart of Bailey & Wyant PLLC.

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

Kanawha Circuit Court case number: 13-C-489

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