DES MOINES, Iowa — A former Des Moines bar owner will now have to pay $277,250.86 of unpaid rent after a jury found the building's owner was not responsible for the missed payments.
Eric Hartung, the former owner of Downtown Tap and Patio, sued the Court Center building owner. Hartung argued the building owner failed to keep the property safe, which violated the lease agreement.
According to the lawsuit, "Court Center failed to take reasonable actions in providing necessary oversight and/or security within the building to mitigate these issues."
The lawsuit also claimed that the owner's "mismanagement" of the building is what led the Des Moines Planning and Zoning Commission Board to alter Court Center's conditional use permit. Under the modified permit, alchohol sales had to end at midnight, instead of 2 a.m.
The lawsuit said this restriction on alcohol sales caused the bar to lose about $42,000 per month, and it was not sustainable to stay open.
A jury ultimately sided with the building owner, meaning Hartung must the missed rent payments to Court Center.
Now, Court Center is asking a judge to hold Hartung personally liable for the overdue rent payments. That motion was filed Monday, Nov. 11. The judge has yet to make a ruling.
