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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Suit alleges tenant in Dierbergs plaza failed to pay rent since July 2019

State Court

EDWARDSVILLE — A nail salon operator in Edwardsville Crossing shopping center is facing a suit alleging it has failed to pay rent and other fees since July of 2019. 

Caplaco Thirty-Four Inc., and Dierbergs Edwardsville LLC filed a complaint April 8 in Madison County Circuit Court against Nguyet Nguyen alleging breach of lease. 

According to the plaintiffs' complaint, Nguyen entered into a lease agreement in January of 2007, for the lease of a premises in the Edwardsville Crossing Shopping Center and in March of 2018, signed an amendment to extend the lease until July 31, 2022. 

The plaintiffs allege they became the landlord under the lease agreement on March 31, 2018, and that they have "performed all of the conditions required of them under the lease." The plaintiffs claim the defendant has defaulted on the lease agreement by failing to pay the minimum rent as well as their share of the common area maintenance and special costs per the lease. The plaintiffs also claim the defendant has failed to comply with a notice of default that was sent on July 17, 2019, and continue to default on the lease. 

The plaintiffs seek monetary relief of more than $50,000, interest, trial by jury and all other proper relief. They are represented by Mark Goldenberg and Thomas Horscroft of Goldenberg Heller & Antognoli PC in Edwardsville. 

Third Judicial Circuit for Madison County case number 2021L000429

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