Property owner's tenant won't pay--or leave

Steve Gonzalez Feb. 15, 2005, 4:07am

Kingdom Treasures and the O'Fallon Christian Bookstore

A commercial property owner is suing its tenants for more than $1.6 million, claiming Kingdom Treasures and the O'Fallon Christian Bookstore not only are in default--they won't leave.

O’Fallon Plaza, the owner of the land at 2065 West Highway 50 in O'Fallon, filed suit in St. Clair County Circuit Court recently claiming the merchants are indebted $1,665,480.72 for the term of their lease which runs through 2013.

"Despite terminating the lease, the defendants willfully and wrongfully hold possession of the premises after O’Fallon Plaza has declared the lease in default and after the passing of any period of time to cure the default," according to the suit.

Represented by Robert G. Wuller, Jr., O’Fallon Plaza also is seeking an order granting them possession of their property plus all costs and attorney fees.

O’Fallon Plaza claims that on Jan. 20, 2003, Kingdom Treasures entered into a commercial lease with them and on Oct. 8, 2004, Christian Bookstore entered into a sublease with Kingdom Treasures.

“Pursuant to the terms and conditions of the lease, defendants are obligated to pay rent and all other sums delineated in the lease,” the complaint states.

The suit claims the tenants have failed to pay their base rent and other charges in accordance with the terms and condition of the lease.

"At the date this suit was filed, the defendants are still holding control of the property without consent of O’Fallon Plaza even after several demands to vacate have been made," the complaint states.

O’Fallon Plaza also claims they have been damaged $25,038.72--which represents the excess unpaid balance of the tenant allowance.

05 L 82 (20th Circuit)

More News