Previous Story
Couple wants businessman evicted
|
Posted on Oct 05 2004
A couple has sued a businessman for nonpayment of rent for a commercial space in Chalan Kanoa, asking the Superior Court to evict the trader from the premises.
Kang Yeol Lee and Kim Chang Ryul filed the civil action against Kim Song Hyun, saying that the latter breached the lease agreement they had entered into in April 2003.
The couple’s lawyer, Stephen J. Nutting, said his clients leased out a 1,430-square-foot commercial space to Kim, with a monthly rental rate of $1,000. The term of the lease would be one year from April 1, 2004 to March 31, 2005.
The lawyer indicated in the complaint that Kim failed to pay monthly rent in July, August and September, prompting the couple to send the trader a notice demanding for payment. The businessman, however, failed to settle his obligation, putting him in default.
“By reason of defendant’s [Kim] breach, plaintiffs [couple] are entitled to terminate the lease, and to seek for other relief as provided under the lease and/or the Holdover Tenancy Act,” Nutting said.
The lawyer explained that, under that statute, a lessee could be removed from the leased premises “where such person holds over without permission after failing to cure a material breach of the lease…and when 15 days written notice requiring the cure of such breach has been served on the tenant.”
Nutting also asked the court to forfeit Kim’s security deposit of $2,000 in favor of the couple.
He also asked the court to award the couple double the amount of rent due, covering the period when the businessman refused to surrender possession of the commercial space.
Alternatively, Nutting said the assessed amount against Kim should include “all damages proximately resulting from the breach, including the cost of recovering the premises and the worth of the balance of this lease over the reasonable rental value of the premises for the remainder of the lease term.”
The lawyer also wants the court to assess against Kim all lawsuit-incidental expenses that would be incurred by the couple.
