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Building owner seeks to collect rental fees
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Posted on Dec 07 2000
Cabrera Center proprietor Jose Cabrera is seeking to collect $12,000 in unpaid rental fees from restaurant owner Jack Hudak for his failure to live up to the lease agreement signed by both parties last Oct. 25, 1995.
Mr. Cabrera, through his counsel Atty. Robert T. Torres, filed yesterday a civil case against Mr. Hudak for breach of contract for failure to pay the rent during the period covering March 1999 through Aug. 1999.
Prior to this, Mr. Cabrera noted the defendant already had a record of delayed rental payments starting Nov. of 1998.
Mr. Hudak vacated the single story building leased to him by Cabrera Center only in Sept. 1999.
According to the lease agreement, the lessee agreed to pay the rental amount of $1,500 per month for the first three months of the lease from Dec. to Feb. 1995. From March 1, 1996 the rent was to be increased to $2,000 per month. Further, the rent was to be increased to $2,250 per month beginning Dec. 1, 1998.
The complainant disclosed that aside from failing to make payments, Mr. Hudak also committed waste and destruction on his property’s [Cabrera’s] premises, a violation of the lease agreement.
Mr. Hudak allegedly caused damage to the building and its main electrical panel, causing the disconnection of utility and telephone wires and failing to keep the premises in good condition upon surrender.
Despite repeated demands for the defendant to fulfill his financial liabilities to the lessor, Mr. Hudak reportedly failed to cooperate.
According to case documents filed before the Superior Court yesterday, Mr. Hudak has failed and continues to fail to perform his obligations under the 10-page lease agreement by paying the outstanding rental amount.
Mr. Cabrera has then urged the Superior Court to sanction the defendant to pay the due amount with prejudgment and postjudgment interest, including the costs for the repair of the premises, court costs and other fees the court would decide as just and proper.
