Eagle Flooring sued over lease payments

Kelly Holleran May 17, 2011, 4:44am


A Delaware corporation claims Eagle Flooring owes it more than $90,000 in rental payments.

Lane Home Furnishings Retail filed a lawsuit April 13 in St. Clair County Circuit Court against Eagle Flooring Outlet, Patrick C. Smoker and Brian S. Rauk.

In its complaint, Lane claims it agreed to sublease 20,390 square feet of space at 1246 Central Park Dr. in O'Fallon to Eagle Flooring beginning on May 4, 2010. The sublease was set to expire Nov. 30, 2015.

In the sublease, Eagle Flooring agreed to pay $14,000 per month in rent from Aug. 4, 2010, through Aug. 4, 2012, then to pay $15,000 per month from Aug. 4, 2012, through Nov. 30, 2015, according to the complaint.

Smoker and Rauk entered into written agreements with Lane, guaranteeing payment of the monthly rent, the suit states.

Since taking possession of the premises on Aug. 4, however, Eagle has frequently failed to make its monthly rental payments, the complaint says. Although Lane has sent notice to Smoker and Rauk, they, too, have failed to make required payments, Lane alleges.

"As of the date of this filing, Defendant owe $95,645.16 in overdue rent payments to Lane," the suit states.

After failing to receive its payments, Lane demanded Eagle Flooring vacate the premises by April 10, the complaint says. However, the company refuses to move out and still occupies the space, according to the complaint.

In its lawsuit, Lane seeks the money it says the defendants owe it, plus attorney's fees, costs and other relief the court deems just. In addition, it wants the court to declare it in possession of the premises.

Dale Weppner and Samuel Henderson of Greensfelder, Hemker and Gale in St. Louis will be representing it.

St. Clair County Circuit Court case number: 11-L-195.

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