Annex Properties, LLC v. TNS Research Int'l, No. 12-2619 (8th Cir. 2013)
Annotate this CaseThis case involved a commercial lease dispute governed by Minnesota law. Annex filed suit against TNS seeking unpaid rent and penalties owed under a lease for July, August, September, and October 2011. The district court held that TNS's July 7th letter together with its earlier email were sufficient to terminate the holdover lease effective August 31, 2011. Therefore, the district court entered judgment for the rent owing for July and August, but not for September and October. Annex appealed, arguing that the July 7th letter was not the notice of termination required by Minn. Stat. 504B.135 as construed by the Supreme Court of Minnesota, and therefore TNS continued to be bound by the terms of the unterminated lease. The court disagreed with the district court's reading of Minnesota precedents, concluding that Annex was entitled to the relief requested in this lawsuit for four months' rent. Accordingly, the court reversed the judgment of the district court and remanded for further proceedings.
Court Description: Civil case - contracts. The district court erred in determining plaintiff was only entitled to two months of a claimed four months' rent after defendant held over and created a tenancy at will which it failed to terminate in accordance with Minnesota law. Judge Loken, with whom Judge Melloy joins, concurring.
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