Restaurant Suffers Losses Due To Negligent Commercial Property Management

ByJohn Lomicky

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Updated onApril 9, 2019

This case involves a commercial property that suffered a significant decrease in property value due to the negligence of the building’s property manager. The property manager had been told about an electrical issue that was causing short circuit malfunctions building-wide. The property manager’s primary tenant was the owner of a small restaurant. In spite of the tenant reporting the issue on many occasions, the property manager made no attempt to rectify the issue. Eventually, there was a building-wide power outage which lasted over a week. The tenant was unable to operate her business during this time. The tenant also lost a significant amount of food that was refrigerated in the building. It was alleged that because these issues were not fixed, the tenant was overpaying in rent for months before the incident. A commercial leasing and rental value expert was sought to discuss how these issues could affect the rental value of a property. The expert was also asked to determine what the proper rent should have been for a property with these types of problems.

Question(s) For Expert Witness

1. Please describe your qualification as they relate to this case.

2. Would you be able to determine the proper rental value or what the average rent would be for this type of property?

Expert Witness Response E-008278

inline imageI am a commercial property generalist with 27+ years of experience in real estate management. I have experience in site analysis, leasing, management, asset preservation, and disposition. I also have experience working with commercial, residential, facilities, and asset management. Over the course of my career, my positions have included responsibilities such as managing maintenance duties as well as overseeing property operations and portfolios. Currently, I serve as the director of facilities management and capital planning for a non-profit real estate developer. I have also served as an expert witness on similar matters in the past. Based on the case facts, a property management expert would be best used in conjunction with a certified appraiser. For any case that is heavily weighted on valuation, an attorney would be best served by consulting an appraiser within the jurisdiction of the case.

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.

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