The Bay at Cherry Lane Shopping Centre has been served an eviction notice and a lawsuit against them alleges that the retail giant refuses to leave.
Cherry Lane Shopping Centre Ltd. has sent The Bay an eviction notice for not paying rent since March. But the large retail outlet refuses to leave, according to a lawsuit filed in Penticton Supreme Court on Nov. 13.
According to the lawsuit, the shopping centre claims it is owed $546,255 in unpaid rent since April. The Bay was served an eviction notice this month. Monthly rent is $78,036.
The lawsuit alleges that The Bay, one of the shopping centre’s anchor tenants, has not responded to notices from the landlord.
On Nov. 10, 2020, the landlord served a demand for possession of the premises, indicated the lawsuit.
The Bay has not responded to the rent overdue notices but did send a letter to Cherry Lane on Sept. 4, alleging the landlord was in default of the lease for failing to maintain the Cherry Lane Shopping Centre in accordance with the standards of a “first class regional shopping centre” and by failing to take extraordinary marketing initiatives during the COVID-19 pandemic.
Cherry Lane Shopping Centre Ltd. denies the tenant’s allegations, saying it has adopted the requisite health and safety standards mandated by the applicable authorities and has exceeded those requirements in many areas as well as doing proper marketing.
The lawsuit further claims The Bay delivered a nearly identical letter regarding its tenancy at a shopping centre in Victoria.
The Bay first moved into Cherry Lane in 1993, agreeing to a 20-year-lease. That lease was renewed in 2013 and was to extended to 2023.
The allegations haven’t been proven in court.