Two weeks later, Lindley Todd, LLC listed the property for at least $4,000, which was 80% more than what Tito's was currently paying in rent, Tito’s alleges in the Summons and Compliant. Tito’s argues that this was a "wrongful termination of the lease" causing a "loss of inventory, relocation costs, and loss of goodwill."
Negligence:
Tito's alleges in the Summons and Compliant that pursuant to their lease agreement, Lindley Todd, LLC "…had a duty to maintain the property in good repair. The Landlord failed to do so resulting in floor joists decay, wood-boring insects and water damage."
According the documentation that ALBB has seen, Tito’s had emailed Lindley Todd, LLC notices about disrepair and basement flooding before the City of Beacon’s inspection that resulted in an Order to Remedy.
Unjust Enrichment:
Tito's alleges that Lindley Todd, LLC "charged and collected rent from [Tito's] knowing that the Leased Premises suffered from violations and serious structural defects. [Lindley Todd, LLC] collected additional rent pursuant to negotiated potential new Lease. [Tito's] demanded refund of the overcharged rent," but was never reimbursed.
After the lawsuit was first filed in July 2025, the Highlands Current reported that Lindley Todd, LLC asked the judge that the lawsuit be dismissed, stating in an article: "The company said that six of the seven violations cited by the city were due to [Milan] Nigam’s 'actions or inactions in violation of the lease.'” However, ALBB reported last July, five of those violations were fixed by Tito’s owner Milan, with the sixth on hold until the severe structural damage in the basement from wood-boring insects was repaired by the landlord, as per the City of Beacon’s Order to Remedy.
According to Lindley Todd’s property manager, Sean Noble, instead of the landlord repairing, the lease would be terminated. Sean’s email to Tito’s reads: “In this case, Joe has determined that the premises are not usable in their current condition and has chosen to exercise his option to terminate the lease rather than proceed with repairs. Attached to this email, you will find the official Notice of Termination. I know this is disappointing news, especially given your willingness to move forward with resolving the violations.”
Tito’s lease was terminated on May 21, 2025 with a demand that Tito's move out 10 days later by May 31, 2025, or face "judicial action or proceeding," according to the lease termination notice that ALBB has seen.
What Were The Violations?
All violations have been listed by ALBB in the previous article. The main violation from the City of Beacon which was used to terminate the lease early was severe structural damage to the floor joist in the basement, showing "evidence of severe deterioration due to wood-boring insects," according to the Order to Remedy - Cease Operations filed by the City of Beacon's Deputy Building Inspector Cory Wirthmann.
Six other violations were listed in that order, five of which Tito's had fixed when their lease was terminated, ALBB reported previously. The sixth violation that Tito’s agreed to repair was dependent upon Lindley Todd, LLC fixing the basement that was the seventh violation.
Did the City of Beacon Demand Tito’s Lease Be Terminated?
No. After the inspection, the City of Beacon said that due to the "Unsafe Conditions," Tito's could not operate until the floor joists were repaired. Regarding whose responsibility it was to repair the floor joists, Tito’s owner Milan told ALBB: "Structural repair is the landlord's responsibility in 99% of the commercial leases, and so it was in our lease.”
Weeks after Lindley Todd, LLC stated they would rather “terminate the lease rather than proceed with repairs,” for Tito’s, Lindley Todd, LLC raised the rent and entertained different prospects for the space.
Tlahco Taqueria announced in September 2025 that they were filling the space. Renovations continue, with Tlahco Taqueria’s last update on construction for the retail space above the basement on January 8, 2026.
