Shopping center landlord alleges tenant breached contract

By Philip Gonzales | Feb 2, 2017

WHEELING — A Wheeling shopping center landlord is suing a tenant, alleging breach of a lease agreement.

Elm Terrace Shopping Center LLC filed a lawsuit Jan. 11 in Ohio Circuit Court against John White, doing business as Underdog, alleging the tenant failed to perform its contractual obligations.

According to the complaint, on July 1, 2014, the parties entered into a lease agreement wherein Underdog would lease a 2,000 square foot area at the plaintiff's Wheeling shopping center for a monthly rent of $1,453, including equipment purchase, real estate tax and maintenance costs. 

To date, the suit says, Elm Terrace has incurred damages of at least $32,861.33 because Underdog has failed to make the required payments.

Elm Terrace Shopping Center seeks trial by jury, judgment for $32,861.33 and an additional $1,453, per month, plus costs, penalties and interest, until a new tenant is found, litigation costs and all other reasonable relief. It is represented by attorney Jeffrey D. Kaiser of Phillips, Gardill, Kaiser & Altmeyer PLLC in Wheeling.

Ohio Circuit Court Case number 17-c-10

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