Lincoln’s Landing was served a ten day notice of intent to terminate on May 22 for an alleged failure to pay three months of rent, yet the restaurant claims they were in accordance with their lease agreement.
Lincoln’s Landing is a longtime Swampscott breakfast and lunch restaurant known for its classic American fare, casual neighborhood atmosphere and generous portions. Ashley Mantyla, daughter of Lincoln’s Landing owner Laurie, announced on Facebook Wednesday that the restaurant had received an eviction notice.
“Be advised that in accordance with the terms and conditions of your commercial lease dated; be advised that you are in breach of said lease for nonpayment of rent,” a letter from owner Alexadros Tsitos reads, as reviewed by the Swampscott Tides. “Despite my demands, you have contumaciously refused to tender payment.”
Tsitos’ attorney, Natalie Megaloudis of AMPS Law PC, has not returned multiple calls from the Swampscott Tides for a request to comment on the issue. Tsitos is listed as a property manager for United Properties INC, a Malden-based management company which was started by Andreas Tsitos in 1995.
According to the notice, Lincoln’s Landing owes $3,600 in rent for each of March, April and May, totaling $10,800.
“Accordingly, should you fail to tender payment of all sums due within the prescribed ten days, this lease 156 Humphrey St., Swampscott, MA 01907, in order and condition and no less than Ferry clean,” the letter reads. “Upon termination of the leaves, should you fail to so vacate, I, shall initiate the summary process action for ejectment in order to recover possession of the subject premises.”
The landlord filed an eviction case in Lynn District Court on June 29, less than 10 days after the notice was dated and just six days after a constable served it.
Even still, Mantyla told the Swampscott Tides that the “allegations of not paying rent for the past three months are false.”
“We are up to date with rent and have even provided proof of checks being cashed to the attorney,” Mantyla said.
Jennifer Capone, of JLC Legal P.L.L.C., is representing Lincoln’s Landing in the case.
“Small businesses are the heart of a community, yet they can be especially vulnerable when disputes with landlords arise,” Mantyla wrote in a Facebook post. “Regardless of the circumstances, losing a long-time business location can have a devastating impact – not only on the owners but also on the employees and loyal customers who have supported the business for years.”
In Massachusetts, commercial evictions are handled through the summary process. Landlords must first serve a notice to quit. If the tenant does not vacate or cure the alleged lease violation, the landlord may file a summary process action in District or Superior Court.
A case management conference is scheduled on July 23 at 11 a.m at Lynn District Court.
