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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

Claims of broken lease, unpaid rent lead plaintiff to sue former tenant

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A Texas company is suing a former tenant for breach of contract in the leasing of commercial space at 2548 E. Broadway, Pearland.

Donya LLC filed the suit August 21 in Galveston County District Court against Kelly Dixon and Offenbacher Gourmet Fudge, citing breach of contract.

According to the complaint, on Aug. 13, 2013, the plaintiff leased a 1,700-square-foot space to Dixon. The monthly rent was $2,250.

In November 2014, the plaintiff says the defendant vacated the lease early and granted the plaintiff the right to lease the space. The plaintiff further claims the defendant owes past rent and additional fees incurred after moving out.

The plaintiff seeks damages of 100,000 or less, including lost rent, late fees, costs associated with the removal of signage, attorneys' fees, court costs and real estate agent commission.

The plaintiffs attorneys are Darrel A. Apffel and S. Benjamin Shabot of Bettison, Doyle, Apffel & Guarino PC of League City.

Galveston County District Court case number 15-CV-0876.

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