We First Reported On $44,000 Debt Back In December. Now Restaurant Claims Rats Are A Reason Why Payment’s Delayed…
BY: STAFF REPORT | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — Responding to an eviction lawsuit filed by its landlord, Way Beyond Bagels in Delray Beach says it shouldn’t be forced to close. While claiming that the popular bagel joint has paid more money to SCC Addison — the landlord for the 16850 Jog Road location — than the December lawsuit acknowledges, attorneys say rats are a reason why more rent is outstanding.
In a multi-page response just filed with the Palm Beach County Clerk of Courts, the company that owns Way Beyond Bagels — “Twice Upon a Bagel, Inc.” — says they’re are several reasons why the eviction lawsuit is wrong. While acknowledging that at least part of the $44,000 claim is legitimate, attorneys say that SCC Addison failed to deal with a rat problem.
The following language is included in Way Beyond’s response to the lawsuit:
“As its fifth affirmative defense, Defendant asserts that Plaintiff’s claims are barred based on the breach of the covenant of quiet enjoyment. Plaintiff failed to address a rodent infestation on the roof of the building in which the leased premises is a part. Plaintiff’s actions caused roof rats to enter and infest Defendant’s business premises. The rodent issues resulted in health inspector shutting down Defendant’s business on multiple occasions. Plaintiff’s failure to eradicate the rodent infestation has and continues to cause substantial loss to Defendant’s business.
As its sixth affirmative defense, Defendant asserts that Plaintiff’s claims are barred as Plaintiff breached the lease by failing to adequately maintain the roof. Plaintiff’s failure to maintain the roof resulted in roof rats entering the leased premises and damaging Plaintiff’s business and reputation.”
Read our original coverage of the lawsuit here. The lawsuit seeks the eviction of Way Beyond Bagels from the location on Jog Road, and request a judge give permission for the landlord to have the Palm Beach County Sheriff’s Office seize the property.
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