Sunday, June 26, 2022

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Graham developer suing tenant over unpaid rent and renovation costs

Graham-based Carolina Property Holdings of NC is suing a tenant for allegedly failing to pay $3,000 in monthly rent and costs to upfit the “Patterson Building” along North Main Street in downtown Graham.

Developer Jason Cox, who owns several other commercial properties in downtown Graham, is listed in the court file as the member/manager for Carolina Property Holdings of NC.

Carolina Property Holdings has filed a lawsuit in Alamance County superior court, requesting a judgment for more than $25,000 against Heather Bonawitz and Kindred Hall, LLC of Durham.

Carolina Property Holdings of NC asserts in its suit that Bonawitz and Kindred Hall have failed to pay $3,000 in monthly rent and upfit costs for a second-floor space in the “Patterson Building” in downtown Graham, as required under the terms of the lease for 3,600 square feet at 106-110 North Main Street in downtown Graham.

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[Story continues below photograph.]

This photo of the upstairs is shown on Kindred Hall’s Facebook page.

The court file doesn’t specify the nature of Kindred Hall’s business. Kindred Hall described itself as “an intimate, industrial wedding and event space” in Graham, according to a message that the company posted on its Facebook page in May 2021. It is unclear whether Kindred Hall is continuing to operate at the Patterson Building or another location.

According to the suit, Bonawitz and Kindred Hall signed the lease for the property at 106-110 North Main Street, Graham, on June 12, 2020. Bonawitz also signed a “personal guarantee” ensuring payment of the monthly rent, as well as any debts, obligations, and liabilities related to the lease agreement, the complaint states.

Bonawitz is a resident of Wake County and conducts business under the name Kindred Hall LLC, according to the suit, which notes that Kindred Hall hasn’t been properly established as a legal liability company (LLC) with the Secretary of State’s office.

The lease required Bonawitz and Kindred Hall to pay $3,000 monthly rent, starting July 1, 2020, and to pay all “triple net” expenses, including taxes, insurance, and maintenance and repairs. The terms of the lease also required the defendants to pay for “upfit costs” to the property, but they have paid neither the rent nor the costs to upfit the property, according to the suit.

The suit doesn’t specify how long the lease was to have run.

Bondurant and Kindred Hall, LLC had not filed a response by press time.
Carolina Property Holdings of NC is being represented by the Oertel, Koonts & Oertel law firm in Burlington.

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