DELRAY BEACH, FL (BocaNewsNow.com) — It may be game over for the The Duffy’s Sports Bar location at 1538 South Federal Highway in Delray Beach.
In a just-filed lawsuit in Palm Beach County Circuit Court, the property management company says Duffy’s hasn’t paid its lease since March, and now owes $109,058.74.
March was the start of the COVID-19 pandemic.
The unpaid rent isn’t the only issue in the lawsuit by “Linton Delray, LLC.” The company claims that Duffy’s never officially extended its lease with the property owner’s new management company when Duffy’s lease expired in 2018. The suit alleges that Duffy’s attempted to extend its lease, but sent a letter to the wrong company.
The key line from the lawsuit, however, is this:
“Tenant continues to possess and occupy the Premises without Landlord’s permission, or consent, express or implied.”
You can download the complete lawsuit, below.
Good luck find a new tenant in these times. Give them a break
In all fairness, they have been given a break (since 2018): “Tenant continues to possess and occupy the Premises without Landlord’s permission, or consent, express or implied.” There are major liabilities hanging-over the property owner’s head by having Duffy’s in there without a lease and if it goes too far without legal action (if only to spark renegotiation), then the lease is implied and then a totally different battle ensues. It appears someone took advantage of the “new ownership” situation and now it must be fully resolved; with good reason. It’s time to negotiate… (inclusive of any COVID “forgiveness” or mutually beneficial write-off(s).
Nothing stops landlords from collecting rent! One day all these retail places will be empty & they will be begging for renters . Maybe a compromise would be better considering what people are going through.
Make China pay the rent due.
Duffy’s was a Palm Beach County institution before the Pandemic.
Ed Oppel
It will sit empty for years if they are evicted. Look at the empty Applebees location in that plaza! How long ago did they go out and it sits vacant. Settle your “major liabilities” with Duffy’s in a legal way and give them a break on their rent for now! Have a heart! Some rent is better than none!