CHARLESTON — The Charleston Town Center Mall is suing Wash Handmade Body Care for failing to pay rent and relinquish the property back to the owner.
Wash Handmade Body Care and James Atlee Seabolt were both named as defendants in the suit.
The mall claims the agreement was executed on June 1, 2022, but the defendants have not paid since October 2022, according to a complaint filed in Kanawha Circuit Court.
On Feb. 7, the plaintiff sent a certified letter to the defendants regarding being in default and demanding payment, according to the suit.
The mall claims the defendants owe $7,237.97 with interest.
"Defendants have and continue to ignore the terms of the commercial lease, the guaranty agreement and their financial obligations under those contracts, as well as Plaintiff's demand for payment of past due monthly rent for a surrender of the leased premises," the complaint states.
The mall claims the defendant breached its contract, as the mall has performed all of its duties and obligations under the lease, but the defendant has not.
"Defendants are in default and have breached the terms of the commercial lease and guaranty agreement by failing to pay monthly rent and failing to surrender the leased premises to plaintiff as a result of their defaults," the complaint states.
The plaintiff is entitled to recover all past due monthly rent and related charges, as well as other damages, according to the suit.
The mall is seeking compensatory damages in the amount of $7,237.97, along with pre-judgment interest, costs and expenses incurred in connection with this complaint and any other relief the court deems proper. The mall is represented by Christopher D. Pence and William Scott Wickline of Hardy Pence in Charleston.
The case is assigned to Circuit Judge Tera Salango
Kanawha Circuit Court case number: 23-C-357