Fri 5 Sep 2008
Landlord Demands Rent In Gold — And Wins
Posted by Marlow Harris under Real Estate
1 Comment

A landlord can enforce a clause in 1912 lease requiring that rent be paid in gold coin for a landmark building in Cleveland, a federal appeals court ruled Wednesday.
The Circuit Court of Appeals in Cincinnati sent the case back to a U.S. District Court in Cleveland to determine the equivalent rent that S&R Playhouse Realty Co. would owe for the Halle building with the “gold clause” enforced. The lower court also must address any remaining defenses by S&R.
The building is owned by 216 Jamaica Avenue LLC, which filed a breach-of-contract lawsuit in 2006 against S&R demanding rent equivalent to the value of 35,000 1912 gold coins. S&R has paid $35,000 annually in U.S. currency since assuming the lease in 1982 and balked at paying what would be a much higher amount.
The office building in downtown Cleveland was leased originally by Salmon and Samuel Halle in 1912 from Realty Investment Corporation. It required $35,000 in rent to be paid in “gold coin of the United States.” In 1933, Congress withdrew gold from circulation and banned nearly all private ownership of it. It also passed a resolution declaring gold clauses against public policy and allowing obligations in contracts with existing gold clauses to be paid with paper currency.
Congress repealed the ban on private ownership of gold in 1975, later amending the 1933 law to provide that parties could include gold clauses in contracts formed after 1977.




