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Another Landlord Victory: The First of the Month means the First of the Month

Rosenthal Law Group understands and appreciates the needs of commercial landlords to quickly regain possession of their leased premises once commercial tenants have ceased operating and/or paying rent in accordance with their lease agreements.

In a recent case of Design Center of the Americas, LLC v. Inside the Art of Craftsmanship Corporation, Rosenthal Law Group was successful in swiftly obtaining possession of a leased premises for the Landlord. In this case, on March 21, 2017, Landlord sought and obtained from the Court an Order requiring the Tenant to pay accruing Rent into the Court Registry on or before the first day of each month during the pendency of the eviction action.

The following month, April 1, 2017 happened to fall on a weekend and the Tenant did not deposit the rent into the Court Registry until the following Monday, on April 3, 2017. In accordance with the Court’s Order requiring the timely payment of rent on or before the first day of each month during the pendency of the eviction action, Landlord moved for a Final Judgment of Possession. The Tenant filed a Memorandum in Opposition claiming that the deadline fell on a weekend and should be extended to the following Monday to which Landlord replied arguing that nothing required the Tenant to wait until Saturday to pay the rent due when the order required it be paid on or before the first day of the month. The Court agreed with Landlord and entered a Final Judgment of Possession in favor of Landlord stating “[t]he fact that April 1, 2017 fell on a weekend does not extend the deposit date.”

It is important that commercial landlords know their rights when dealing with non-paying tenants. The attorneys at Rosenthal Law Group are available to offer guidance and representation to assist commercial landlords in lawfully and swiftly regaining possession of their leased property.

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