PROPERTY: Pendleton v. U.S. 60 Associates, LLC (COA 1/29/2010)

Pendleton v. U.S. 60 Associates, LLC
2008-CA-000744 01/29/2010 2010 WL 323143

Opinion by Judge Acree; Judge Lambert and Senior Judge Harris concurred. The Court affirmed a summary judgment in favor of appellees that ordered appellants to pay unpaid rent, unpaid property taxes and late fees for their failure to pay city and county property taxes as subtenants of commercial property. The Court first held that KRS 383.010(5) allowed the landowner to collect unpaid rent via direct action against the subtenants for rent accrued during their subtenancy. The Court then held that because the terms of the lease and sublease provided that payment of utilities, taxes and all other payments were deemed additional rent and could be collected the same as rent, the appellee could collect the unpaid rent, the unpaid property taxes and the late fees as rent.

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