24 Nov 2017
- By Bryan Manabat – [email protected] – Variety News Staff
THE new landlord of Thai House Restaurant wants it to pay a higher rent or vacate its current location.
Ling Lin Palacios, through attorney Charles P. Reyes Jr., sued H&H Enterprises Inc., doing business as Thai House Restaurant.
John Hudak is listed as the director, secretary and shareholder of H&H Enterprise, the lawsuit stated.
The plaintiff is asking the Superior Court for a judgment in her favor, giving her immediate repossession of the premises.
Palacios also wants the court to award her a double monthly rent for the holdover period beginning in Sept. 2017.
She is likewise asking for reasonable fees and costs, post-judgment interest of 9 percent a year and any relief the court may find appropriate.
According to the complaint, Palacios secured a leasehold interest in Lot 006 D 59 from Regina D.L.G. Cushnie and/or RAK Management Inc., the fee simple owner of the premises.
The leasehold agreement was executed and filed on July 12, 2017, for the total sum of $500,000.
RAK Management and Thai House signed a lease agreement on Aug. 12, 2009 involving a $1,200 monthly rent.
This lease agreement was extended each year and ended on July 31, 2017 with the rent raised to $1,400 per month.
On June 27, 2017, RAK Management wrote a letter, informing Thai House that its lease would expire on July 31, 2017, and that it would not be renewed. Thai House was given 30 days to vacate the premises, the lawsuit stated.
On July 12, 2017 Cushnie informed Thai House principal Jack Hudak that she had leased her Garapan property, Lot 006 D 59, to Palacios, adding that effective Aug. 1, 2017, all future rent payments should be made to Palacios.
According to the lawsuit, by the terms of Cushnie’s mailed notice, Thai House should have vacated the premises by the end of Aug. 31, 2017.
On Sept. 5, 2017 Thai House paid Palacios $1,400 in rent and remained on the premises despite previous oral demands that it pay a higher rent ($4,000 per month) or vacate the premises, the lawsuit added.
On Sept. 8, 2017, Palacios wrote a letter to Hudak informing him that he must move out of the premises if he refused to pay the $4,000 monthly rent.
On Oct. 3, 2017, she sent Thai House a 15-day notice to surrender the premises and pay double the rent for the holdover period.
The lawsuit stated that despite numerous written and verbal notices, Thai House has failed to vacate the premises or pay the demanded monthly rental increase, or the double rent under the holdover statute.
Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/100346-new-landlord-wants-thai-house-to-pay-higher-rent-or-vacate-premises