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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ANALYSIS
The threshold question is whether the defendant defaulted by not making timely payment to plaintiff for rent and operating expenses owed pursuant to the lease. A review of the circumstances surrounding the communications between the plaintiff and various departmental agents representing the defendant indicate that there was material confusion and disagreement concerning the plaintiffs calculations of the total amounts due. First, the plaintiff erred in calculating the January 1, 1997 billing statement by overstating the amount of real estate taxes due and by not providing the required supporting documentation for the real estate taxes, sewer assessments and usage, water usage, and common area maintenance charges. Second, the plaintiff and defendant were in disagreement about the amounts owed for the interest calculated on overdue balances and the application of prior rent and operating expense payments. Third, the defendant erred by failing to increase the January 1997 and February 1997 monthly rent installment payments as required under the first option period of the lease. Fourth, there was misunderstanding between the plaintiff and defendant as to which of defendant's agents the plaintiff was to mail the various invoices and notices.

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