Landlords being sued by Beer Garden proprietors in Del Ray

In the heart of Del Ray, a beloved local establishment, The Garden, is facing an uncertain future. Co-owners Jeremy Barber and Justus Frank have filed a lawsuit against their landlord, Twenty-Third Street Corridor LLC, after a dispute over rent escalated.

The property, located at 1503 Mount Vernon Avenue, was previously operated by Stratis Voustas, who rented it to Barber and Frank in 2019. The Garden, a popular spot that opened its doors in January of that year, has since become a staple in the community.

Barber and Frank have had attorney Heather R. Steele on retainer since January, preparing for the legal battle that ensued. The crux of the dispute revolves around a five-year extension of the lease, with the landlord attempting to triple the rent.

Initially, the base rent for the extension was set at $5,625 per month, but the landlord sent a revised lease with a base rent of $10,000 per month, increasing to $15,000 by the end of the extension. This proposed increase, Barber and Frank argue, would strain their business model and potentially cause them to raise sandwich prices, affecting their customers and the overall atmosphere of the establishment.

In January 2025, the lot was assessed by the city at a value of $573,000, with the land worth $445,452 and the building valued at $127,186. Despite this assessment, the landlord tried to sell the property to Barber and Frank for $1.8 million. The owners declined the offer, citing the financial strain it would impose on their business.

If they win their case, Barber and Frank will have the right of first refusal if the property is sold. However, the landlord has refused to honour the five-year renewal option on the lease, leaving the future of The Garden in limbo.

The lawsuit states that the property was in poor condition before the renovations by Barber and Frank. The landlord sent a note on April 23, 2025, alleging that the tenants needed to restore the stone fountain and complete repairs. Barber and Frank, who have maintained the property meticulously, dispute these claims.

The lease of The Garden expires in November, and the owners are seeking a court order to stop the landlord from evicting them and compensation for overpaid rent. They expect to receive an eviction notice on Labor Day (September 1).

Despite this legal battle, The Garden remains open for business. It was open on August 29 and plans to remain open through Labor Day weekend. Barber and Frank are prepared to move The Garden if necessary, unless a deal can be struck to buy the property.

Meanwhile, the property where The Garden is located is now on the market for rent. The future of this beloved Del Ray establishment hangs in the balance, as the legal proceedings unfold.