Missouri limited liability company SM Properties Edwardsville, LLC, is suing Mattress Direct, Inc., for violating its lease and refusing to vacate a rental commercial property.
On June 12, 2015, SM Properties leased a property to Mattress Direct located at 2326 Troy Road, Edwardsville, within the Edwardsville Marketplace shopping center. Mattress Direct uses the commercial property as a retail store.
Eventually, Mattress Direct defaulted on its obligations to SM Properties under the lease and, on May 1, 2023, was served a 14-day Notice of Acceleration and five-day Notice of Termination of Lease and Demand for Possession of Leased Premises. However, on May 15 and continuing each following day, Mattress Direct refused to vacate the premises and has become further indebted to SM Properties.
Currently, the yearly value of the Mattress Direct retail store location is a minimum of $66,500, meaning that SM Properties is owed $182.19 for each day that Mattress Direct willfully retains the location. As of June 5, Mattress Direct owes SM Properties approximately $186,524, and the debt increases with each day.
Mattress Direct is being sued on one count of forcible entry and detainer and one count of distress for rent. On the first count, SM Properties is seeking financial damages equal to the amount of money owed for Mattress Direct's possession of its retail location. On the second count, SM Properties is seeking a monetary sum of no less than $186,524. SM Properties is also seeking compensation for any additional necessary fees and costs including attorneys' fees.