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Panel hears dispute over rent-acceleration clause and missing amended lease; court to consider enforcement and double-recovery claim
Summary
In appellate argument on case 24P375, Paramount MOB v. Tristan Medical Enterprises, counsel for the tenants and the landlord debated whether a rent-acceleration (liquidated-damages) clause in a commercial lease was enforceable and whether the landlord could collect accelerated rent while also receiving rent from a successor tenant.
In appellate argument on case 24P375, Paramount MOB v. Tristan Medical Enterprises, counsel for the tenants and the landlord debated whether a rent-acceleration (liquidated-damages) clause in a commercial lease was enforceable and whether the landlord could collect accelerated rent while also receiving rent from a successor tenant.
Ben Dunlap, counsel for the appellants Tristan Medical Enterprises and Dr. Ryan Welter, described what he called a "fundamental unfairness": enforcement of rent acceleration would permit a double recovery when another…
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