Hello all. I have a situation where a commercial tenant is refusing to perform a non-monetary covenant in a lease agreement. The landlord does not, at this stage, wish to evict the tenant but wants it to perform its non-monetary obligations under the lease. I'm inclined to file an action for specific performance. Without revealing too much detail, I believe they meet the requirements for a decree-inadequate remedy at law, etc. My research has turned up few cases. Thus raising the issue of how common is it in the LL/T arena for a landlord to sue for specific performance? I've reviewed the Mayor's Jeweler's case where the court did not allow specific performance to force a tenant to stay in business and not vacate. However, the Lincoln Tower Corp. case cited therein said specific performance is available to a landlord when the tenant intends to remain a tenant but otherwise refuses to perform an obligation owed under the lease. For example, if a tenant refuses to provide an accounting to the landlord so that it can be determined whether percentage rent is owed based on gross sales. It is not monetary as of yet since it is unknown whether the tenant owes percentage rent. Does anyone have an opinion or can provide me with any case law to support a landlord seeking specific performance when the tenant intends to remain a tenant but is otherwise breaching a non-monetary lease provision? Thank you. Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 <http://www.horkylaw.com> www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.