Lincoln’s Landing’s attorney has filed a motion to dismiss the eviction case, arguing that allegations of unpaid rent are unfounded and that documentation showing the rent had been paid was provided before the lawsuit was filed. The motion also alleges that two duplicate rent payments made in 2025 were credited toward two months of rent in 2026.

“The plaintiff (landlord) received the rent checks, accepted the rent checks, negotiated those checks. Received payment from the defendant’s (Lincoln’s Landing’s) financial institution and retained the proceeds,” the motion reads. “By receiving and accepting the rent payments prior to the notice to quit and commencing this action, plaintiff cannot establish the factual predicate necessary to establish a valid basis to maintain an eviction based upon nonpayment of rent.”

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, July 8 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 or an email 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.

The landlord filed the eviction case in Lynn District Court on June 29, fewer than 10 days after the notice was dated and six days after it was served by a constable.

Even still, Mantyla previously 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 previously said.

Jennifer Capone, of JLC Legal P.L.L.C., is representing Lincoln’s Landing in the case.

In the motion, reviewed by the Swampscott Tides, Capone wrote that the “defendant specifically denies the allegation that she failed to pay rent as alleged in the complaint.”

“The documentary evidence establishes without question the fact that this is patently false,” the motion reads. “No genuine issue of material fact exists regarding the payment of rent.”

Prior to Tsitos’ filing for eviction, Capone “expressly notified counsel for the plaintiff that all rent checks at issue had been negotiated and paid in full.” According to the motion, Megaloudis “indicated that some checks were not honored,” but there was no specification as of Friday as to which checks were not paid completely.

According to the motion, Lincoln’s Landing obtained copies of all 19 rent checks from its bank.

“Plaintiff therefore possessed actual knowledge, both independently and by notice from defendant’s counsel, before filing the complaint, that the rent alleged to be unpaid had in fact been paid and accepted,” the motion reads.

The motion suggests that Tsitos’ litigation was “wholly inappropriate and advanced in bad faith.”

The motion does note that Tsitos allegedly told Lincoln’s Landing in August 2025 that a rent check was missing and in December 2025 suggested it was “‘torn’ and couldn’t be cashed.’” Lincoln’s Landing wrote replacement checks, according to the motion.

Capone further alleges that Tsitos later cashed the original checks after replacement checks had been issued, resulting in duplicate payments for those months. When Lincoln’s Landing recognized this, they “applied those extra payments the plaintiff enriched himself with to the March 2026 and May 2026 rent.”

This is allegedly shown in the fact that 19 checks were tendered to Tsitos as of June 2026.

Capone’s motion asks the court to dismiss the case with prejudice and award Lincoln’s Landing reasonable attorney’s fees and litigation costs.

As of publication, a case management conference remains scheduled for July 23 at 11 a.m. in Lynn District Court.