NEW ORLEANS – A California-based real estate company is being sued for extending a tenant's lease, but not including some provisions in the prior lease.
Intradel Corporation and Kerry W. Kirby filed suit on Feb. 10 in Orleans Parish Civil District Court against The Hertz Investment Group and Poydras Center.
The plaintiffs claim they have had offices at Poydras Center since 2000 and that their latest contract from 2005 to 2010 included four parking spaces was extended to 2016 last year.
Intradel alleges they accepted numerous faults with the lease initially provided by the defendants including the misrepresentation of a soundproof wall, a sloping floor and the office space not being ready for move-in when the latest lease began in 2005. The plaintiffs claim the lease was extended to 2016 to include the parking spaces, but they later received notice the parking spaces would be revoked.
The filing states that the plaintiffs' argument was earlier affirmed in a ruling by the First City Court, but then overturned by the Fourth Circuit Court of Appeals. The Fourth Circuit also did not give Intradel the right to terminate the lease based on the revocation of the parking spaces.
Damages are sought in the form of the plaintiffs having their parking rights reinstated.
Intradel is being represented by Michael L. Eckstein of New Orleans-based Eckstein Law Firm.
The case has been assigned to Division N Judge Ethel S. Julien.
Case number 2012-01374