United States District Court, District of Columbia
COLLEEN KOLLAR-KOTELLY UNITED STATES DISTRICT JUDGE
Plaintiff GAG Enterprises, Inc. filed the Complaint in the above-captioned action on January 12, 2015 against Defendants Leonard Rayford and Jason Rayford, alleging a claim of breach of contract concerning a commercial property lease. See Compl., ECF No. . Presently before the Court is Plaintiff’s Revised Motion for Default Judgment against Defendant Jason Rayford. See ECF No. . For the reasons stated below, the Court GRANTS Plaintiff’s Revised Motion for Default Judgment and shall enter a JUDGMENT for Plaintiff against Defendant Jason Rayford in the amount of $107, 119.73.
Plaintiff’s Complaint sets out the following allegations, which the Court takes as true for purposes of Plaintiffs’ Motion for Default Judgment. See Int'l Painters & Allied Trades Indus. Pension Fund v. R.W. Amrine Drywall Co., 239 F.Supp.2d 26, 30 (D.D.C. 2002).
On or about July 1, 2007, Jerry Dale Leonard (“Leonard”) entered into a lease agreement (the “Lease Agreement”) with Ace Check Cashing, Inc., whereby he let certain commercial property in Warminster, Pennsylvania (the “Subject Property”) to Ace Check Cashing, Inc. Compl. ¶ 7. The Lease Agreement was for a ten-year term, beginning on July 1, 2007 and ending on June 30, 2017. Lease Agreement, Exhibit A to Complaint, at 1. The lease was a triple net lease, which means that in addition to rent, Ace Checking Cashing, Inc. was responsible to pay net real estate taxes on the leased asset, net building insurance, and net common area maintenance. Compl. ¶ 9. Under the terms of the Lease Agreement, Ace Check Cashing, Inc. was primarily responsible for the payment of all rents, but the non-payment of rent was guaranteed by an affiliate of Ace Check Cashing, Inc., CW Financial of PA, LLC, and its principals, Defendants Leonard Rayford and Jason Rayford. Id. ¶ 9.
On June 19, 2009, Leonard died, and his Estate sold the Subject Property to Plaintiff Id. ¶ 12. The sale included all rights to the Lease Agreement and collection of rents. Id. Following the sale, rent was paid pursuant to the Lease Agreement through the payment due for February 2013. Id ¶ 13. After that point, however, the business operating out of the Subject Property closed, and the rent payable as of March 2013, and each month thereafter, has not been paid. Id The Lease Agreement provides, in pertinent part, that upon non-payment of the rents, or other events of default, the “rent for the entire unexpired term of the [Lease Agreement], as well as all other charges, payments and expenses” shall become immediately due. Id ¶ 14. According to the Complaint, there is currently due and owing under the Lease Agreement the following sums:
• Rent for March, April, May, and June 2013 at $1350/month $5, 400.00
• Rent for July 2013 through June 2014 at $1390/month $16, 680.00
• Rent for July 2014 through J1une 2015 at $1430/month $17, 160.00
• Rent for July 2015 through June 2016 at $1470/month $17, 640.00
• Rent for July 2016 through June 2017 at $1510/month $18, 120.00
• Real Estate Taxes $17, 724.32 .Insurance $8, 000.00
• Water $3, 740.00
• Oil $17, 974.60
• Trash Removal $4, 800.00
• Fire Extinguisher ...