EAST NAPLES — Sway Lounge is no longer swinging.
The company doing business under the name of Sway Lounge, 2 Towers LLC, was evicted from its current location, 2095 U.S. 41 E., by the Collier County Sheriff’s Office on Dec. 1 for not paying $3,180 worth of the October rent on time.
“We got terminated, and that’s it,” said Nir Sharon, manager and owner of Sway Lounge. “All I can tell you now is the place is closed, and I don’t plan on opening another place or relocating the business somewhere else. I’m done.”
According to court documents, the landlord of the Sway Lounge building, 2059 East Trail LLC, filed a complaint for eviction and damages on Oct. 8. In the lease agreement between Sway Lounge and 2059 East Trail LLC, Sway Lounge was obligated to pay $10,600 per month in rent on the first day of each month.
“No, I’m not disappointed,” Sharon said. “Let’s just put it this way; it could have ended in a different way, but I’m not disappointed. That’s life.”
The final eviction hearing was originally set for Oct. 23, but was rescheduled when the Collier County judge was notified that Sway Lounge had filed a counterclaim against 2059 East Trail LLC on Oct. 15. The counterclaim states that the landlord interfered with day-to-day business operations that resulted in alleged damages of more than $15,000.
“Like I said, I think the relationship that we had there was good but it could have been great,” Sharon said.
The day before the counterclaim was filed, the tenant paid the sum of $3,180 into the court registry, and in the midst of the pending trial, the tenant also failed to pay $10,600 in rent for the month of November into the court registry on time, court records state.
Sway Lounge submitted a list of accusations against the landlord, which included listing the Sway Lounge property as for sale on LoopNet.com, a commercial real estate listing service.
Sway Lounge claimed that the LoopNet.com listing created a public perception that the nightclub was going out of business because it is being sold turn-key.
The tenant also claims that the landlord provided him with false and misleading documents such as profit and loss statements that revealed information about revenue, expenses and the financial history of Sway Lounge from June to December 2007, which was before 2 Towers LLC bought the business and entered a leasing agreement for the building.
The manager of 2059 East Trail LLC, Bryant Younker Jr., could not be reached for comment, and neither could either party’s attorney.
In 2059 East Trail LLC’s response to Sway Lounge’s counterclaims, the landlord denied almost all the accusations and asked that the court dismiss Sway Lounge’s claims and award the landlord attorney’s fees and costs.
The landlord also asserted that as the owner of the property, they have the legal authority to list the property for sale on LoopNet.com.
This was not the first time that 2059 East Trail LLC filed a complaint for eviction and damages against Sway Lounge. In September 2008, the landlord filed the complaint, but the case was resolved and voluntarily dismissed about a month later.
In April 2009, the landlord’s attorney, Scott Duval, wrote a letter notifying Sharon of various maintenance violations that were being committed, which he claims resulted in 2059 East Trail LLC incurring $8,027 worth of expenses.
The landlord requested that Sharon reimburse him within 10 days of the date of the letter for the bills from Taylor Elevator, Bentley Electric, Collier Pest Control and others. Otherwise, he would be considered in default of the lease.
“I’m not going to focus on nightclubs,” Sharon said. “This was just a short-term deal and that’s it.”
E-mail Sarah Donovan at firstname.lastname@example.org