BECKLEY – A Raleigh County landlord says a tenant breached a lease agreement by causing serious damage to its property.
ATK LLC filed a lawsuit May 17 in Raleigh Circuit Court against Cradle 2 the Grave Fitness LLC, alleging breach of contract and property damage.
According to the complaint, the parties signed a one-year lease beginning Jan. 1, 2015 for property on City Avenue in Beckley. The suit claims the lease contained a clause stating that upon the lease’s termination on Dec. 31, the property was to be in the same condition as when the lease began, or else the tenant must pay for repairs.
However, ATK says when they inspected the premises after the tenant had left, they found the lower-level floor cracked, improperly painted walls, a cracked window and damaged ceiling tiles and concrete steps.
The plaintiff seeks a jury trial, damages in an amount to be proven at trial, interest and litigation costs. It is represented by attorney Mark W. Carbone of Carbone & Blaydes PLLC in Charleston.
Judge Robert A. Burnside Jr. is assigned to the case.
Raleigh Circuit Court Case number 16-C-315-B