NEW MARTINSVILLE — A New Martinsville shopping center landlord is suing a tenant and guarantor, alleging breach of a lease agreement.
Riverview Partners LLC filed a complaint Jan. 11 in Wetzel Circuit Court against
Azteca Group Inc. and Erick F. Hernandez,
alleging failure to perform their contractual obligations.
According to the complaint, on Dec. 19, 2014, Azteca Group entered into a lease agreement with the plaintiff to rent certain commercial area at Riverview Plaza in New Marinsville for $2,500 per month and to maintain personal injury and property damage insurance.
Beginning in September 2016, the suit says, Riverview Partners has not received monthly rental and other sums due under the lease. The lawsuit states the plaintiff was also damaged in the amount of $15,700 for the repair of the leased premises.
The plaintiff alleges the defendants allegedly have failed to pay monthly rentals and other sums due and have failed to provide insurance certificates.
Riverview Partners seeks a trial by jury, rental payments of $2,500 per month beginning September 2016, liquidated damages, allowing the plaintiff to re-enter and take peaceful possession of the leased premises, award the sum of $15,700 for repair costs, attorney fees, court costs and all other relief. It is represented by attorneys Donald A. Nickerson Jr. of Bowles Rice LLP in Wheeling, and by Ashley Hardesty Odell of Bowles Rice LLP in Morgantown LLP.
Wetzel Circuit Court Case number 17-c-1