Man sued for non-payment of lease and neglecting residence

A couple has filed a lawsuit in Superior Court against a local businessman who allegedly breached his lease agreement for failing to make payments, and leaving the residence in a state of disrepair after the lease was terminated.

Former Supreme Court chief justice Jose Dela Cruz and his wife, Rita Dela Cruz, are suing Gabriel F. Boyer, a businessman on Saipan, alleging breach of contract and unjust enrichment.

According to the lawsuit, Boyer is accused of not paying rent pursuant to a lease agreement, and for surrendering the residence in a state of disrepair.

The couple, through attorney Robert T. Torres, is asking the court to issue an order awarding them damages in the amount of $58,958.11 for unpaid rent, cost of repair of the premises, and cost to replace missing office furniture.

The residence in dispute is the Rita Building in Garapan.

The suit states that on Sept. 16, 2009, Boyer and the Dela Cruzes executed a lease of improved real property for the premises, with a lease term of 35 years commencing on Oct. 1, 2008, and ending on Sept. 30, 2044, at a rate of $3,000 per month with incremental increases of 10% for each five-year period following the initial five years of the lease.

The plaintiffs allege that Boyer failed to pay any rent for the months of December 2020 through April 2021, totaling $18,150.

A clause within the lease agreement states that the plaintiffs can unilaterally terminate the lease upon non-payment of rental when due and within 15 days of a notice of default and failure to cure, or within 30 days of a notice of default for breach or default.

Boyer was served with a notice of default of lease agreement on Jan. 25, 2021.

Subsequently, on March 23, 2021, the plaintiffs issued a notice of termination of lease agreement that was recorded in the Commonwealth Recorder on April 19, 2021.

Boyer surrendered the premises in April 2021.

However, Boyer allegedly left the premises in complete disarray by stripping off all improvements and repairs from the Rita Building and neglecting to secure all facilities from looting or exposure to natural elements.

“As a result of this neglect, Rita Building was left in a state of disrepair and the structural integrity of the premises has been compromised, resulting in the plaintiffs expending substantial repair costs and expenses in the amount totalling $5,808.11,” Torres said.

In addition, after further inspection of the premises, the plaintiffs allegedly discovered that the original office furniture belonging to the plaintiffs had been removed from the premises.

The office furniture has not been located, found, or returned to the plaintiffs and the estimated total cost of replacing the office furniture is $35,000.