Justice Genine Edwards
Landlord moved for use and occupancy from Oct. 1, 2012 to present, in this commercial holdover action. Tenant cross-moved for leave to conduct discovery. Tenant entered into a written five year lease with the former premises owner containing an option to extend the lease for an additional five years. A receiver was appointed, yet despite same, tenant contacted the former owner regarding its intention to exercise its option to extend. Tenant alleged the parties executed writings indicating the extension. The premises was sold to the current landlord who sent tenant a notice of termination. Tenant did not vacate and the instant holdover suit proceeded. The court found landlord provided no credible evidence of the reasonable value of use and occupancy. Also, tenant failed to explain why documents it sought were not in its possession, or explain its reasoning for circumventing the court appointed receiver when renewing its lease. Tenant claimed the order appointing the receiver precluded the receiver from entering into a lease longer than one year. The court stated an extension of the lease between the original owner and tenant, without the receiver’s consent, would undermine the purpose of appointing the receiver, denying both motions.
