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Keywords

contractlawsuitbreach of contractleasecommercial lease

contractappealtrialleaseappellant

Related Cases

Abdelrhman v. Ackerman, 76 A.3d 883

Facts

Abdelilah Abdelrhman entered into a five-year commercial lease for property intended for his auto repair business. The lease included an addendum stating that in the event of a sale, the lease would continue at the purchaser's option. After the property was sold to 1826 Bladensburg Road, LLC, the new owner terminated the lease and served a notice to quit. Abdelrhman filed a lawsuit claiming wrongful eviction and breach of contract, which was consolidated with the landlord's suit for possession.

In March 2010, Richard Ackerman, acting on behalf of the owners, negotiated a five-year lease of the property with Abdelrhman.

Issue

Did the lease addendum grant the successor landlord the right to unilaterally terminate the lease, and was the service of notice to quit adequate?

The central controversy in this appeal is whether the trial court should have considered extrinsic evidence in interpreting the lease.

Rule

The court held that the language of the lease addendum was unambiguous and granted the purchaser the option to terminate the lease. Additionally, the court found that the service of notice to quit was adequate under the law.

We analyze leases of real property according to established principles of contract law.

Analysis

The court analyzed the lease addendum and determined that it clearly provided the successor landlord with the option to terminate the lease. The court rejected the tenant's argument that the addendum conflicted with the lease's provision binding successors, stating that both provisions could be read together without creating ambiguity. The court also found that the notice to quit was properly served, as the process server made multiple attempts at personal service and also mailed the notice to the tenant.

Even giving appellants the benefit of more permissive versions of the parol evidence rule does not change the objective meaning of the words the parties chose to articulate their agreement.

Conclusion

The court affirmed the dismissal of the tenant's claims and upheld the landlord's right to terminate the lease, concluding that the lease terms were clear and the notice to quit was sufficient.

Accordingly, we affirm the judgment of possession.

Who won?

1826 Bladensburg Road, LLC prevailed in the case because the court found that the lease addendum clearly allowed for termination by the purchaser and that the notice to quit was adequately served.

The trial court based its judgment on the clarity of the Lease Addendum's language: 'granting a third party purchaser the option of enforcing or terminating the Lease.'

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