My story started around October 2013 when the building I was leasing was sold. The original owner, Four Zero One Associates, sold the building to Rivertown Development Group (RDG) and Rivertown Holdings (RH). One interesting thing that gets lost in this story is that my lease stated that I had “First Right of Refusal” to the purchase of the building. I was offered the building but the owner declined and stated that they received a counter offer for more money…. I have never been able to see how much the building was actually sold for and if I was truly out bid. Once RDG and RH purchased the building they started to serve my company with Notices to Quit stating the reason for attempt to evict was non-payment of rent and delinquent rent. The lease with Four Zero One Associates was never changed to show that the building was sold. All we received was a notice from RDG attorney’s stating they bought the building with no proof.
Each and every time we were served between October 2013 and March 2014 the Notices were proved to be irrelevant because the RDG was accepting rent and we were paid up to date. In fact in January of 2014 we paid an extra $750 in water charges that were never proven and we disputed because we had already paid our required $250 per month water utility bill to RDG. When our attorney requested that we be provided proof RDG would just send an invoice stating we owed $750. To this day I am confident that we overpaid and RDG refused to refund or discuss the overpayment. Instead they continued to submit Notices to Quit in an attempt to try to show cause for attempting eviction, even though the rent was being paid on time. My attorney warned me back in January 2014 that although I had 6 years left on my lease, I should be aware the intent of RDG as Landlord was to evict me through any means necessary. That in fact is what they did!!
Here is my attempt to summarize what has happened since I decided to fight in court for my rights and my lease starting in March 2014.
I attempted to update and improve my interior design and decorations of the my leased space in March 2014. I did not damage any interior nor did I change the four walls and the roof. I didn’t change the overall layout of the space. Instead I improved the bar with marble, surrounded the existing old stone fireplace with a floating wall of marble, painted, replaced carpeting, replaced existing wood floor, hung new wall decorations, replaced broken sinks in bathrooms, painted bathroom ceilings, and removed previously old wainscoting. The Landlord decided that this work is deemed “destruction of the property” and had the Civil Court provide a stop work order as well as shutting me from opening my business. At the same time the Landlord submitted notice to the court stating that I again should be evicted because of “non-payment of rent”. When appearing before the Civil Court Judge it was found by the Landlords own admission that I had been paying rent so the Judge allowed me to provide proof of the work being done and that there were no needed permits on the work.
After all this was provided then the Landlord amended their motion for eviction to state that my business had in fact breached the contract. When this tactic didn’t work then they stated that I breached the contract and was operating illegally without permits. Again when this was proved untrue, in fact the Landlord shutting my business down prevented me from getting my yearly inspections, the Judge ruled to allow the inspections and hear the case before her court after my inspections. Once I was up to date on my inspections and renewals then the Landlord stated in their motion before the Judge that the contract was breached by my work. The amount of changes to the motions continued throughout the Judge’s consideration of the case. It ended with the Judge finding against me.
I am still in disbelief that a restaurant/bar could lose a court case about improving their space, this is the same thing J Alexander’s did and other restaurants. The thing the Judge stated was that I should have asked permission. My attempts to ask permission and submit drawings once I was taken to court and told I need to do this were refused by the Landlord. He literally refused to take the drawings by the architect. In fact in order to prove that we attempted the request we had to email him directly the drawings and work order request. Of course they refused the work and stated we were not allowed to do anything to the space.
After I lost in Civil Court my attorney appealed and we went before the Business Court Judge on the lawsuit the Landlord filed stating I damaged the building over $300,000. I counter-sued because I was stopped from working, my business was shut down and worse than that my reputation was damaged. During the time between March 2014 and April 2015, the Landlord was able to do all of the following without any consequences:
1. Shut down our business for a total time period of 2 months during this whole year.
2. Accusations of illegally running the business without proper city, state and county licenses. (ALL PROVED FALSE)
3. Accusations of making threats to Landlord.(He came into my space without permission to remove beer taps & equipment illegally, when I asked him to leave over the phone he called the police)
4. Accused me of increasing crime in the neighborhood. (part of the motions before the Civil Court as well as on testimony)
5. Accused my business of having drug paraphernalia and selling drugs inside business. (part of motions before Civil Court as well as on testimony)
6. Made direct statement by RDG attorney’s that a murder happened to a client of my business in front of my business (on the record by Attorney and Mark Reith)
7. Called all the Departments within the City making accusations of operating illegally.
8. Called Liquor Licensing Division stating that I was operating without a legal lease and should be shut down from selling liquor. (had to show investigator the legal case)
9. Instructed Stroh’s not to renew my parking lease because I was being evicted effective September 1, 2014.
10. Painted the street in front of my leased space so no one could park. They painted yellow no parking on street as well as signs.
11. Removed the outdoor lighting over my entrance stating to the court officer that it was going to fall…. it had been there since 1994.
12. Shut down my ability to have live entertainment and dancing. (I had all city, state and local permits but it was deemed illegal)
13. Just in past 4 weeks I have now been unable to have a DJ and only allowed to have music through CD’s and sound system.
14. Numerous clients events were shut down because the Receiver and the Plaintiff did not like the event or the expected client’s crowd.
As of May I was realizing that I wouldn’t be able to win legally and that it would be better for my business to move. I was given no other option but to agree to a settlement that was put before myself and the Landlord by a Court Appointed Receiver. The settlement was to include money to pay off my expenses since I was not allowed to operate and make income fully. The settlement also included 90 days remaining in the space. That was the first of May after the Landlord decided to call another emergency motion before the Judge to request eviction again. Once I accepted the settlement I should have had 90 days to close my business, be able to honor the events like wedding reception and birthdays already booked in June. Instead on May 15th I was locked out of my space without notice. On May 15th at approximately 2:30 my attorney was emailed with a notice of eviction. My attorney responded to the other parties because it seemed to be a misfiled document as we had a settlement with 90 days. Instead at 5:30 after the courts were closed on a Friday the Landlord had the locks changed and all my events were locked out. I went before a Judge on May 20th to hear my motion and I was told that I would get my keys back by the following day. In fact I am still locked out of the space and have no access to my space. Worse I have to keep paying rent, utilities and court fees while I can’t make any money or income for myself or my family. The lights were left on in the space as well as the gas on my kitchen equipment.
I don’t know what will happen to me but currently I have not been allowed in the space even though I paid rent in May on time. I was told “it would be discussed” in regards to refunding my money… which I won’t hold my breathe. At this point I just want my money so I can pay my clients and my vendors. I would also like access to my kitchen equipment and furniture so I can exercise my civil right to take care of myself and work.
Thank you for any help you can give in my battle to try and stand up against the obvious unjust behavior.
