Lumberyard 1505 suing former tenant
Complaint: dry cleaner left and has not paid for rent

By Melanie Boyung - Special to the News Graphic

Aug. 15, 2019

 The Westwood Cleaners was one of the first tenants in the Lumberyard 1505 building,
announcing in February 2018 that it was moving in.

Photo by Mark Justesen

GRAFTON — Grafton’s Lumberyard development is suing one of its former tenants, after the tenant vacated and stopped paying rent.

WRA-1505 Apartments, the owner of Grafton’s Lumberyard 1505 development in downtown Grafton, filed suit against Vladimir Krivoshein and his business, Westwood Dry Cleaners, last month. According to the complaint, the Lumberyard is suing for $59,832.42 owed by the business, after it broke its lease, left the development and ceased paying bills on the space.

Westwood Dry Cleaners was one of the initial commercial tenants at the Lumberyard 1505 development, which combines commercial businesses on the first floor while housing apartments on the upper floors.

The complaint listed Krivoshein, a Mequon resident, and the dry cleaning business, which still has a location in Mequon. According to the narrative in the complaint, Westwood Dry Cleaners’ lease was signed in October 2017, with a five-year term to run from April 1, 2018, until March 31, 2023.

The complaint stated Westwood vacated the leased space on or around Dec. 31, 2018. The plaintiff claimed ,“The Plaintiff has made and continues to make reasonable attempts to re-rent the premises and mitigate the defendant’s damages, though the plaintiff has been unsuccessful in obtaining another tenant as of the date of this complaint.”

The complaint further claimed the defendant broke the lease contract by not paying rent or late fees attached to it,  vacating the premises before lease-end and not giving proper notice to the termination, causing and failing to repair damage to the unit and other outstanding costs.

The complaint filed with Ozaukee County Circuit Court included a copy of a letter dated Feb. 14 to Krivoshein requesting payment for back rent, which the complaint said he refused to pay; a debt collection notice; the rental lease agreement; and an invoice from early July showing the rent, late fees and various other charges WRA-1505 claims Krivoshein owes.

The specific damages requested in the complaint are:

■ $22,463.39 in unpaid rent, fees and charges. The invoice showed the rent was $1,323 per month, plus the fees that have added up since payment stopped. That record showed rent was owed as far back as June of last year.

■ $38,400 for improvements to the space Westwood leased. “Plaintiff incurred $38,400 in costs for tenant improvement work, requested by the defendants, which is chargeable to the defendants under the retail lease,” according to the complaint. The rental document showed the lease agreement included the Lumberyard development paying up to that amount for improvements to the space at the tenant’s request, but the five-year lease being violated allowed the expenses to be charged back to the tenant.

■ $375 in damages to the premises Westwood occupied.

■ $194.03 owed for utilities that were unpaid at the time the business vacated the Lumberyard space.

The complaint subtracted the business’ $1,600 security deposit from the claim, creating a total request for $59,832.42, as well as any further damages the court sees fit to award.

The court filing stated Krivoshein has 20 days from receipt of the suit to respond to the court. Failure to do so could result in a judgement being issued against him in the plaintiff’s favor. The suit was filed with the court July 23.

<<EARLIER: Dry cleaners, car rental agency among businesses coming to village of Grafton