On November 23, 2021, Dollar Tree Stores, Inc. (“Tenant” or “Plaintiff”), represented by Craig R. Tractenberg of Fox Rothschild LLP, filed a property lawsuit against Providence Properties, LLC (“Landlord” or “Defendant”) seeking damages along with costs for the alleged breach of contract by Defendant. This case was filed in the U.S. District Court in the Eastern District of Pennsylvania with Judge Juan R. Sanchez presiding.
In the complaint Plaintiff alleged that, “The parties entered into a Lease Agreement dated September 1, 2010 (the “Lease”) pursuant to which Tenant leases from Landlord through January 31, 2026 the property located at 701 Hanover Avenue, Allentown, PA (the “Premises”) in which Tenant operates a variety store. Pursuant to section A.11(a) of the Lease, Tenant was to “pay actual Real Estate Taxes in accordance with Section F.2 of this Lease.” Despite reasonable requests, Landlord has not complied with section F.2. Rather, Landlord deceptively invoiced Tenant on a pro-rated monthly basis for the real estate taxes it claimed were due knowing that the actual tax bill in reality would be, or actually were, for less money.”
Plaintiff further alleged that, “For calendar years 2010 to present, Landlord collected from Tenant over $100,000 more in putative “tax” payments than Tenant owed (the “Excess Payments). By letter dated February 6, 2019, Tenant demanded that Landlord (a) provide copies of documents identifying the actual Real Estate Taxes for the years 2010 through 2018, inclusive; and (b) refund for each of those years the difference between the amount of alleged “taxes” Landlord collected from Tenant and the actual Real Estate Taxes for that year. Landlord failed to comply with Tenant’s demand and repudiated Landlord’s obligation to provide and bill for taxes only upon presentation of the actual tax bill. By letter dated October 20, 2021, Tenant issued a 30 day notice to cure to Landlord describing the breaches and requested refund of the Excess Payments, but Landlord has ignored the notice to cure.”
Plaintiff also alleged that, “Landlord breached its obligations under the Lease by failing to provide actual real estate tax bills to Tenant and by billing in a method not authorized under the Lease. The Lease, like all contracts in Pennsylvania, contains an implied covenant of good faith and fair dealing that obligated Landlord to deal with Tenant fairly and in good faith. Tenant has suffered damages as a result of Landlord’s breach.”
There are three claims for relief laid down by Plaintiff. The first claim deals with the alleged breach of contract – recovery of excess payments. The second claim deals with the alleged breach of contract – failure to act in good faith. The third claim deals with the alleged unjust enrichment and recoupment.
In its prayer for relief Plaintiff has requested the court for a judgment against Landlord for compensatory damages, together with costs, interest, and attorneys’ fees, as well as such other relief as the court deems just and proper.
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Pending - Other Pending
JUAN R. SANCHEZ
DOLLAR TREE STORES, INC.
PROVIDENCE PROPERTIES, LLC
CRAIG R. TRACTENBERG
Attorney at FOX ROTHSCHILD LLP
2000 Market St 20Th Fl
Philadelphia, PA 19103-3222
Civil Cover Sheet
(#2) EXHIBIT Designation Form by DOLLAR TREE STORES, INC... (TRACTENBERG, CRAIG) (Entered: 11/23/2021)
(#3) Disclosure Statement Form pursuant to FRCP 7.1 including Dollar Tree, Inc. by DOLLAR TREE STORES, INC..(TRACTENBERG, CRAIG) (Entered: 11/23/2021)
Docket(#3) Disclosure Statement Form pursuant to FRCP 7.1 including Dollar Tree, Inc. by DOLLAR TREE STORES, INC..(TRACTENBERG, CRAIG) (Entered: 11/23/2021)Read MoreRead Less
Docket(#2) EXHIBIT Designation Form by DOLLAR TREE STORES, INC... (TRACTENBERG, CRAIG) (Entered: 11/23/2021)Read MoreRead Less
DocketAttorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. PLAINTIFF's counsel is directed to file DESIGNATION FORM in this case using the Exhibit docket event. (sbt, ) (Entered: 11/23/2021)Read MoreRead Less
Docket(#1) COMPLAINT against Providence Properties LLC ( Filing fee $ 402 receipt number APAEDC-15568082.), filed by DOLLAR TREE STORES, INC.. (Attachments: #1 Civil Cover Sheet, #2 Disclosure Statement)(TRACTENBERG, CRAIG) (Entered: 11/23/2021)Read MoreRead Less
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