ORDER ON PLAINTIFF'S MOTION FOR SUMMARY
FRENCH, MAINE DISTRICT COURT JUDGE
matter arises out of a commercial landlord /tenant dispute.
Plaintiff seeks to recover unpaid rent and damages sustained
when its tenant, the consulting business "The Sloane
Group, ” stopped paying rent and vacated the premises.
Defendant Valerie Kyros, principal of The Sloane Group,
personally guaranteed her company's obligations under the
before the court is Plaintiffs Motion for Summary Judgment,
filed April 5/ 2018. The court has reviewed Plaintiff's
motion and supporting materials, including its Statement of
Material Facts and supporting affidavits and appended
exhibits, as well as Defendants' Opposition,, Opposing
Statement of Material Facts, Statement of Additional Material
Facts, and affidavit, filed October 12, 2018.
56 of the Maine Rules of Civil Procedure provides
that "Judgment shall be rendered forthwith if the
pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any,
referred to in the statements [of material fact] required by
subdivision (h) show that there is no genuine issue as to any
material fact set forth in those statements and that any
party is entitled to a judgment as a matter of law."
M.R. Civ. P. 56(c); see, e.g., Beal v. Allstate Ins.
Co., 2010 ME 20, ¶ 11.
to generate a genuine issue of material fact in dispute,
Defendants contend that "[t]here is an issue of fact
concerning whether Soley Wharf, LLC suffered any damages at
all." Defendants point to Plaintiff's acquisition of
a new commercial tenant who is paying approximately $1, 000
more per year, and argue that "[a]ny improvements
provided by Soley Wharf, LLC for its new tenant were not the
result of any damage caused by Defendants."
asserted defense, however, fails to take into account the
plain language of the parties' lease. Paragraph 13 of the
lease provides that in the event of the tenant's default
"Tenant shall, as of the date of such termination,
immediately be liable for and pay to Landlord the entire
unpaid rental and all other balances due under this Lease for
the remainder of the term. In addition, Tenant agrees to pay
to Landlord, as damages for any above described breach, all
costs of reletting the Leased Premises including real estate
commissions and costs of renovating the Leased Premises to
suit any new tenant." Lease at ¶ 13(a)(vi).
the above-quoted language, by its summary judgment motion,
Plaintiff is not seeking "the entire unpaid rental...
for the remainder of the term." Rather, having
successfully rented the premises to another tenant as of
September 1, 2017, Plaintiff is seeking payment of unpaid
rent and late fees which accrued during the period of The
Sloane Group's occupancy along with six months unpaid
rent from the time The Sloane Group vacated the premises
through August 2017, which together amounts to $17, 492.42.
In addition, pursuant to above-quoted lease provision,
Plaintiff is seeking to recover the $18, 859.32 it expended
in renovating the premises to suit its new tenant. That the
renovations were not necessitated on account of any damage
caused by The Sloane Group is beside the point. Defendants
are obligated, pursuant to the lease terms, to pay such
because there is no genuine dispute as to any of the material
facts and because Plaintiff is entitled to judgment as a
matter of law, it is hereby ORDERED that Plaintiff's
Motion for Summary Judgment is GRANTED. Judgment shall enter
in Plaintiff's favor and against Defendants The Sloane
Group LLC and Valerie Kyros, jointly and severally, in the
amount of $36, 351.74, plus pre- and post-judgment interest
at the statutory rates, plus costs of $360 and attorney's
fees of $1954. See Affidavit of Wendy J. Paradis,
Esq. in Support of Attorney's Fees and Costs.
clerk shall incorporate this Order on the
docket by reference pursuant to M.R. Civ. P,
 Months elapsed between Plaintiff's
filing and Defendants' Opposition because this matter was
stayed for a period pending Ms. Kyros's divorce.
See Pre-Trial Order dated May 29, 2018 (rescheduling
pretrial conference until after June 11, 2018 hearing in
divorce matter and noting that Plaintiff's motion for
summary judgment would be addressed after that pretrial
 Because there is no dispute that the
costs were incurred in renovating the premises for the new
tenant, and because the amount claimed is not unreasonable,