Real estate firm seeks damages for missing rent

Ann Knef Jan. 11, 2011, 12:42am

A real estate firm claims that Mid America Management Group and two men responsible for observing the conditions of the firm's lease with Mid-America owe more than $40,000 in back rent.

Winchester Real Estate filed a lawsuit on Nov. 19 in St. Clair County Circuit Court against Mid-America Management Group, Thomas D. Bauchman and Michael Abernathy. Abernathy lives in St. Louis and Bauchman resides in Mascoutah.

The claim says Winchester signed a five-year lease agreement with Mid-America on Nov. 6, 2009 for property located at 4632 North Illinois in Fairview Heights. Starting April 1, 2010, rent of $4,375 was due monthly. An additional monthly payment of $1,625 was also due in advance of the first of the month.

As of Oct. 1, 2010, Winchester says Mid-America owes a past-due balance of $41,688.10. Despite frequent notifications and communication of its intention to terminate the lease, Mid-America has failed to pay rent or late feels as stipulated by the lease agreement, the lawsuit claims.

In its complaint, Winchester seeks damages of $50,000 plus costs and expenses for re-letting, loss of fees, brokerage costs and return-check fees. The firm is seeking the same damages in a separate count against Bauchman and Abernathy.

Christopher L. Kanzler of Kenney & Kanzler is representing the firm.

St. Clair County Circuit Court case number: 10-L-609.

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