Bed Bath & Beyond is suing their landlord in Federal Court over the condition of their parking lot.
In the lawsuit filed Monday in federal court Bed Bath & Beyond asks the court to order the managing companies to fix the parking lot or to reimburse Bed Bath & Beyond for doing so themselves. According to the complaint the cost will be well in excess of $75,000.
Texarkana Rancho, LLC; Arden Texarkana, LLC; Dornoch Texarkana, LLC; RP Texarkana, LLC; and Narden Texarkana, LLC are all named in the suit.
Bed Bath & Beyond claims that not only is the problem unsightly but a safety hazard for the store’s customers and employees.
According to the complaint Bed Bath & Beyond has notified the landlord multiple times since May of 2014 of “serious structural deficiencies.”
“On May 22, 2014, Landlord responded to the First Notice of Default via letter and advised that (1) ‘Landlord is aware of damaged concrete in the parking areas and has temporarily cordoned off affected portions of the Common Areas;’ (2) ‘Major demolition and reconstruction of the parking areas at the Shopping Center will be required;’ and (3) ‘it is anticipated that Landlord will be able to commence the remediation work in the next 2 or 3 months as soon as qualified contractors are available to be on-site.’ However, no repairs to the parking lot were made, in phases or otherwise.”
According to the complaint the landlord advised on October 27, 2014 via e-mail that it was “working on finalizing all funding for the repairs in the parking lot” and that it would be another ninety days before an “update to work on the parking lot” would be received.
“Only after BBB requested additional status information from the Landlord on or about December 18, 2014, January 13, 2015, and April 16, 2015, was it provided the limited additional information from Landlord that it had received bids, selected a contractor and were scheduled to start repairs on June 1, 2015.’
According to the complaint no repairs were started or made on June 1, 2015 or any time thereafter through the date of the complaint.
“Over a year and two months have elapsed since the First Notice of Default and the disrepair of the Common Areas continues with at least eight sinkholes barricaded off in the parking area, an additional 10-12 sinkholes forming in the parking area, sunken grates in the driveways behind the Shopping Center, v-shaped cracks throughout the concrete, and worsening conditions in the Common Areas. Such is anything but ‘first-class’ as required by the Lease.”
In September of 2014 Cinemark Movie Theater was closed for a day due to the fire suppression system loosing its water supply due to a cave in behind the building.[gview file=”http://txktoday.com/wp-content/uploads/2015/08/E.D.-Tex.-15-cv-00140-dckt-000001_000-filed-2015-08-03.pdf”]