Company sues to recover $20K in commercial rental fees

Kelly Holleran May 9, 2011, 2:00pm

A Texas company claims it lost more than $20,000 when one of its tenants failed to make two months worth of rental payments.

MSV Family Ltd. Partnership filed a lawsuit April 28 in Jefferson County District Court against Safety Training and Rescue Services.

In its complaint, MSV claims Safety Training had a contract to rent property at 3734 Highway 69 N. in Nederland. Safety Training agreed to rent the property for three months at $13,000 per month, according to the complaint.

Safety Training originally executed its lease with DSJD Enterprise, but later the lease was transferred to MSV when MSV bought the property from DSJD, the suit states.

When MSV took over, however, Safety Training stopped making its monthly rental payments, the complaint says.

MSV speculates Safety Training decided to stop making payments because it no longer had the option to purchase the premises -- a choice it had when DSJD owned the property.

"Defendant apparently manifested this missed opportunity by refusing to make rental payments on the leased premises to Plaintiffs for February and March 2011," the suit states.

Because of Safety Training's failure to pay rent, MSV lost $26,000. In addition, it incurred repair costs in fixing up the property to make it marketable for commercial use, the complaint says. It had to make the repairs because of alterations Safety Training made to the property, the suit states.

In its complaint, MSV alleges breach of contract against Safety Training.

It seeks damages to compensate it for the terms of the contract, plus attorney's fees, costs, pre- and post-judgment interest and other relief the court deems just.

Gordon Friesz of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur will be representing it.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E189-907

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