‘Crowds of Vagrants’ Prompt Artist to Seek End of Lincoln Road Gallery Lease
The Denison Corp. has won the first round in the case as Miami-Dade Circuit Judge Thomas Rebull recently denied an emergency motion filed by Kluger for future rent to be deposited in a court registry instead of going directly to the Denison firm.
MIAMI BEACH—Two companies registered to artist Romero Britto have recently filed suit against their landlord—the Denison Corp.—charging that crowds of street performers and homeless have created a nuisance that should allow Britto to terminate his lease here.
According to a recent article by Globest.com sister publication, ALM’s Daily Business Review, Britto’s companies charge in the Miami-Dade Circuit Court filing that the Denison Corp., a family-owned Miami Beach business, has done nothing to resolve the gallery’s complaints regarding the environment around its 532 Lincoln Road location.
“Denison has permitted street vendors and performers to create a nuisance at the property by drawing away Britto’s customers, blaring loud music that forces Britto to close the doors of its gallery and otherwise disrupting Britto’s business operations,” Alan Kluger, the attorney for Britto’s companies, wrote in a May 29 letter to Denison.
The landlord also “has permitted crowds of vagrants to congregate outside of Britto’s doors, which has intimidated Britto’s customers and caused them to avoid the property,” Kluger said. “These vagrants even enter Britto’s gallery, cause disturbances and leave before the authorities arrive but after customers have been scared away and Britto’s business operations have been damaged.”
The Britto gallery, which is open, is located at the southeast corner of Lincoln Road and Pennsylvania Avenue. Britto also rents another gallery from a different landlord at 1102 Lincoln Road. The court filing does not include any complaints regarding its location there.
The Denison Corp. has won the first round in the case as Miami-Dade Circuit Judge Thomas Rebull recently denied an emergency motion filed by Kluger for future rent to be deposited in a court registry instead of going directly to the Denison firm.
In an order issued on June 10, Judge Rebull cited case law that requires a tenant must vacate the property to claim constructive eviction or to ask to end a lease and stop paying rent.
Click here to continue to read the full article in ALM’s Daily Business Review.