Litigation & Appellate Practices
Retail Lease Dispute Resolved Without Trial
Client: A Portland retail tenant (anonymized)
$380K
Exposure Eliminated
1
Mediation Session to Resolve
6 mo
Filing to Resolution
The Challenge
A long-term retail tenant received a mid-lease termination notice from its landlord citing alleged violations of use restrictions. The landlord sought possession of the flagship location and $380,000 in accelerated rent. Our client disputed the alleged violations and had no viable relocation timeline if possession were lost.
Our Strategy
We filed a declaratory action challenging the notice, obtained a temporary restraining order to preserve possession, and conducted targeted discovery focused on the landlord's prior conduct. Evidence established that the landlord had knowingly permitted the disputed use for over three years without objection — a textbook waiver. We presented the waiver theory at a structured mediation before the case reached a hearing on the merits.
The Outcome
The matter resolved at mediation. Our client retained the space on revised lease terms, received a rent abatement covering the disputed period, and paid no damages. The full exposure was eliminated in a single session.