United States District Court, D. Nevada
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL
JUDGMENT ON BENCH TRIAL
P. GORDON UNITED STATES DISTRICT JUDGE.
consolidated five related cases for trial and conducted a
bench trial. Each of these actions asserts the same
basic claim: that defendant Meridian Private Residences CH,
LLC (“MPR”) breached a February 2008
“Condominium Resort Hotel Lease” that MPR entered
into with each plaintiff. The leases pertain to the
plaintiffs' condominium units at The Meridian Private
Residences (the “Meridian Condo Project”) at 250
East Flamingo Road, Las Vegas, Nevada. As required by Federal
Rule of Civil Procedure 52(a)(1), I hereby enter my findings
of fact and conclusions of law.
Plaintiffs Nasir Kosa, Basil Kosa, Raad Kosa, and Said Matti
are residents of the State of Nevada and were owners of three
condominium units located within the Meridian Condo Project,
specifically Units 2-236, 6-205, and 7-205. These plaintiffs
are collectively referred to as the Kosas.
Defendant MPR is a Michigan limited liability company,
registered to do business in Nevada.
approximately February 1, 2008, Basil Kosa entered into a
Condominium Resort Lease with MPR for unit 2-236, effective
from February 1, 2008 to March 31, 2010. Exh.
approximately February 1, 2008, Nasir Kosa entered into a
Condominium Resort Lease with MPR for unit 6-205, effective
from February 1, 2008 to March 31, 2010. Exh. 15.
approximately February 1, 2008, Raad Kosa and Said Matti
entered into a Condominium Resort Lease with MPR for unit
7-205, effective from February 1, 2008 to March 31, 2010.
drafted all of the leases that are at issue in these cases.
MPR is referred to as the “Lessee” in the leases.
The condominium owners are listed as “Owner” in
leases say that “Owner hereby grants to [MPR] the right
to occupy and use the Unit in conjunction with [MPR's]
operation of a condominium resort . . . .” See, e.g.,
Id. at 1, ¶ 2(a).
Section 4(a)(1) of the leases provides that “It is
expressly agreed and understood that Lessee is leasing the
Property with the intent to sublease the Property.”
Section 3(a) of the leases provides that MPR “shall pay
Monthly Rent . . . commencing with February 2008 . . .
.” Section 3(b) of the leases provides that MPR shall
reimburse to the Kosas “quarterly in respect to real
estate taxes and shall pay homeowner's association
assessments directly to the homeowner's association as
monthly rent for Basil Kosa's Unit 2-236 under the lease
was $1, 782.00. The monthly homeowner association (HOA)
assessment was $281.00 per month, and real property taxes
were $316.00 per month.
monthly rent for Nasir Kosa's Unit 6-205 under the lease
was $2, 598.00. The monthly homeowner association (HOA)
assessment was $391.00 per month, and real property taxes
were $558.00 per month.
monthly rent for Raad Kosa and Said Matti's Unit 7-205
under the lease was $2, 618.00. The real property taxes were
$558.00 per month.
Section 6(d) of the leases provides that “In the event
the Property is uninhabitable for any reason whatsoever
(other than through the fault of Lessee), Lessee shall
immediately notify Owner . . . . In addition, if the Property
is not rentable or is uninhabitable for a period exceeding 60
consecutive days, the Lessee may terminate this Agreement
immediately and without prior notice of any kind.”
Section 18 of the leases states that “If either party
shall institute any suit . . . against the other in any way
connected with this contract, the successful party shall
recover from the other a reasonable sum for its