The plaintiff landlord sued the defendant guarantor for unpaid rent and damages after the tenant (Mother's Pizza) defaulted on a commercial lease and filed for bankruptcy.
The defendant argued the tenant's failure was due to the landlord's negligence regarding plumbing and pest issues, and sought set-off for these damages and the value of abandoned assets.
The court found the plaintiff proved most of its damage claims, including rent, real estate commissions, utilities, cleaning, and legal fees.
The defendant's set-off arguments were dismissed, as the lease placed responsibility for maintenance and cleanliness on the tenant, and the tenant's financial issues predated the alleged landlord failures.
The court also found the abandoned assets had little value and, per the lease, were deemed abandoned without compensation.
