Shopping center owner sues tenant for more than $80K over breach of contract

By Kyle Barnett | Dec 18, 2013

David M. Kerth

GRETNA – A shopping center owner is suing one of its tenants for allegedly breaching contract by failing to pay rent and closing its store before finalization of the rental agreement.

Oakwood Shopping Center LLC filed suit against Dey LLC and Blush in the 24th Judicial District Court on Dec. 2.

Oakwood Shopping Center asserts it entered into a contract on May 7, 2009 with Blush to rent a space where it would sell women’s and children’s shoes and accessories.  The plaintiff alleges the contract was supposed to last from July 1, 2009 through June 30, 2015 in which they were to make minimal rent payments of $7,500.40 per month or $90,004.80 per year. Oakwood Shopping Center claims Blush failed to pay $24,602 worth of rent and other charges until May 24, when it reduced the rent to $4,166.67 per month or $50,000 per year and Blush agreed to pay the past due rent. The plaintiff asserts the defendant failed to pay $3,333.37 per month in rent from May through July and their complete payment of $8,710.40 per month in August and September.

The defendant is accused of breach of contract.

Damages in the amount of $80,829.39 sought plus attorney’s fees.

Oakwood Shopping Center is represented by attorney David M. Kerth of New Orleans-based Jones Walker.

The case has been assigned to Division J Judge Stephen C. Grefer.

Case no. 733-414.

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