as the President of General Plumbing. The letter contained the accountant's fixed rent
calculations, late fees and interest alleged due and owing by General Plumbing.
The attorney for the Petitioner insisted that this Court has only to review two
lease provisions, namely, §38.8, a non-waiver clause, and §3.3, that states that
the landlord, without notice or demand and without any abatement or setoff, did not have
to demand the rent to maintain an action to collect the rent. Thus, the Respondent's
reliance on the late written notice from the Petitioner is of no consequence. The attorney
for the Petitioner also urges this Court to take notice that the Respondent has waived the
affirmative defenses of waiver, estoppel and laches, and accordingly, the testimony
regarding those issues should be stricken as irrelevant.
The witness's objection to the 10-day rent demand was based on two
significant factors. First, he objected to the fact that Fred Brenner was attempting to
collect rent during a time period when Fred Brenner was the tenant of the Respondent
corporation. The second objection was that even though he was aware that there was a
six-year statute of limitations that prevented the Petitioners from going back and
collecting rent prior to 2007, his objection was the manner in which the rent was
calculated. He did not think that the fixed rent should have been calculated on an amount
that had not been the fixed rent for the prior tenant. In addition, the witness talked about
the inequity of Fred Brenner not having paid the rent and now his son having to pay all
of the rent increases.
The witness further testified that he did his own calculations and in his
estimation, the sum that he owes is around $92,000.00 and further testified that a sum of