Owners claim restaurant destroyed property

Kelly Holleran Dec. 14, 2011, 4:48am

A Jefferson County corporation claims the owners of a restaurant abandoned and destroyed the premises they were leasing and failed to make more than $50,000 in rent payments.

Tamales filed a lawsuit Dec. 9 in Jefferson County District Court against Jaxcin, Jack Harrington and Cindy Harrington.

In its complaint, Tamales alleges it owned property at 145 Interstate Highway 10 in Beaumont, which it leased to the defendants, who operate Willie Ray's Bar-B-Q Restaurant on the property. The lease was set to run from July 1, 2008, through Aug. 1, 2013, according to the complaint.

Under the terms of the lease agreement, Willie Ray's Bar-B-Q agreed to pay $5,842 per month, plus taxes and insurance, the suit states.

However, Willie Ray's Bar-B-Q stopped making its rental payments in March, the complaint says. The total rent that would have been generated from March through September would have amounted to $41,000.41, Tamales alleges.

On Sept. 10, Willie Ray's Bar-B-Q vacated the premises, but left behind a damaged building that Tamales has been unable to rent, according to the complaint.

"The unpaid balance due Plaintiff from Defendant is $58,526.41 for past-due rent, plus $14,296.87 for 2011 taxes, insurance and maintenance, plus $19,395.05 in late charges," the suit states.

Not only did the defendants fail to make rental payments for seven months, they also failed to relinquish money owed on a 10-year loan, the complaint says. Tamales claims it allowed Jaxcin to borrow $100,000 in a 10-year loan with 7 percent interest.

"The principle balance due on the loan is $79,960, not including additional interest and fees," the suit states.

In its complaint, Tamales alleges negligence, vandalism, conversion and breach of loan agreement against the defendants.

Tamales is seeking the past-due rentals owed, plus damages for the breach of lease and principal due under the loan. It also seeks actual damages, attorneys' fees, costs, pre- and post-judgment interest and other relief the court deems just.

Eric A. Laskowski and Clint Lewis of The Lewis Law Firm in Beaumont will be representing it.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A191-449

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