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American Capital Properties, LLC v. HYH Consulting, et. al concerns enforcing promises and specifically written promises in a contract. HYH Consulting is an insurance agency. In 2012 the Crescent Building was owned by a different company then HYH Consulting signed the lease for 350 North which is the north side of the Crescent Building. Then in August 2015 HYH wanted to extend their lease and also have the landlord build a glass partition to divide office space to a new tenant called TMS operating from 351 North and the landlord agreed on the condition that HYH guaranteed the TMS lease. Unfortunately because business had slowed, in 2018 HYH and TMS wanted the landlord, American Capital Properties, LLC, to re-lease the 351 North office space to someone else. In May 2018 HYH sold their business to another company (GIA) but never told the landlord. Mr and Mrs Han, the previous owners of HYH continued to use the office space without the permission of the landlord. In September 2018 TMS stopped paying their lease and abandoned their office space. HYH then began complaining about multiple maintenance issues. The landlord addressed them all promptly. In February 2019 HYH did not pay their lease and had abandoned their office space. HRH claim that due to the maintenance issues they were excused from paying rent and that by constructive eviction law they were allowed to leave. However, American Capital Properties, LLC claim that the conditions of that law were not met to allow abandonment. American Capital Properties, LLC are claiming the unpaid rent of the lease term plus cleanup costs.
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