Cy-Fair landlord sues Seabrook man

A landlord for a Cy-Fair property is suing a Seabrook man over a business lease it claims he has broken.

Koll/PER Pinehill LLC filed a lawsuit on Oct. 26 in the Harris County District Court against Richard A. Smith, alleging breach of contract and fraud in regard to the lease of office and warehouse space at the location.

In the suit, the plaintiff states that Smith secured the lease in April 2006 in the name of Clear Choice USA, and that the lease was amended in June 2009. An amendment in July of this year listed Clear Choice Investment Group as the successor-in-interest to Clear Choice USA.

The lawsuit says that Smith quit paying rent on the property in July, and that, contrary to the signed amendment, Clear Choice Investment Group does not exist and is not registered to do business in the state of Texas.

The plaintiff is seeking payment for all past and future rent under the amendment, which runs 22 months from August 2010 forward at the rate of $1,908 per month. It also asks the court to award interest on the money owed, attorneys' fees and court costs.

Downtown Houston attorney David Harberg is representing the plaintiff.

Harris County District Court Case No. 2010-70911.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.