Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)

Citation: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Parent Document: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Jurisdiction: Rhode Island (state)
Effective Date: 1998-03-30
Original Source: https://www.courtlistener.com/opinion/4113657/apple-valley-mall-v-floyd-realt... ↗

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The amount of the monthly rent installment due and payable by January 1, 1997 was $18,218.00. However, the defendant mailed a check to the plaintiff for the monthly rent payment in the amount of $16,325.00, a deficiency of $1,893.00. Additionally, the defendant owed the plaintiff for accrued operating expenses. A billing statement dated January 1, 1997, mailed from Pillar to Conner, stated an amount due of $58,999.93, which was comprised of $34,892.00 for real estate tax; $724.61 sewer assessment; $480.00 sewer usage; $52.52 for water; $992.13 for water; $3,640.67 common area maintenance charge; and $18,218.00 for monthly rent. A letter dated January 21, 1997 mailed from Simmons to Conner clarified the errors in the prior billing statement and recalculated the amounts owed plus accrued interest. The letter stated the amounts due as follows: $18,272.29 for real estate taxes and interest; $2,276.86 for sewer and water reimbursement and interest; $3,657.43 for common area maintenance charges and interest; and $1,901.71 for rent and interest due; totaling $26,108.29 in rent, operating expenses, and interest due.Defendant's Exhibit O. On January 28, 1997, Attorney Summer, mailed a letter entitled "Notice of Non Payment [sic]" to Floyd Realty Co., Inc., c/o The Stop Shop Supermarket Company, 1385 Hancock Street, Quincy, Massachusetts, mailed via certified mail, serving as formal notice from the plaintiff that rent and other charges totaling $26,133.46 were due and payable within ten days and if not paid, that Pillar would terminate the lease and evict defendant. Defendant's Exhibit P. However, on January 24, 1997 the defendant paid $3,640.67 for the common area maintenance charges billed on the January 1, 1997 billing statement and mailed a check to plaintiff dated January 30, 1997 in the amount of $16,325.00 for the monthly rent installment payment. As of February 1, 1997 the defendant made payments of $3,640.87 for common area maintenance charges and $16,325.00 for the February 1997 rent installment, totaling $19,965.00.

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