R&J Associates leased certain commercial real estate from T&C
Associates, Inc., for a one-year period beginning May 1. The lease
required that T&C give R&J 10 days’ notice before canceling the
lease. R&J operated the leased premises as a bar that featured
seminude dancers but discontinued the business during the following
March when it lost a necessary dance permit. In late March and early
April, T&C noticed that the bar was not open and learned that
R&J had lost its permit. R&J was behind on its rent at this
time. Utility companies were seeking to shut off service to the premises
because R&J was also behind on its utility bills. When T&C
informed R&J that its monthly rent would be higher if it renewed the
lease, R&J said it had no interest in renewing. For the above
reasons, T&C took possession of the premises in April. T&C,
however, did not give R&J the 10 days’ notice referred to in the
lease. T&C leased the premises to a new tenant later that month. At
approximately the same time, R&J demanded the return of certain
personal property items it had left on the premises. T&C told
R&J to contact the new tenant, adding that there should be no
problem with the return of the items of personal property. R&J
contacted the new tenant, who told R&J to submit a list of its
personal property because other parties were also claiming rights to
what had been left on the premises. R&J did not submit this list and
did not contact T&C again about the personal property items. Later,
R&J sued T&C for conversion of the personal property. Did
R&J have a valid conversion claim?
Click here for the solution: R&J Associates leased certain commercial real estate from T&C Associates, Inc., for a one-year period beginning May 1
