Maricopa Business Center tenant-landlord dispute goes to court

On May 17 Karla Lambert, owner of Studio Charmé, and Desert Wellness Center owner Dr. Courtney Cronin arrived at their shared office in the Maricopa Business Center at 44480 W. Honeycutt Road to discover the locks had been changed. Their landlord, Dr. Jared Pope, posted a notice stating the lease had been terminated.

“The tenants were properly notified of the eviction, and it was because they had defaulted on their lease,” Pope told InMaricopa on Saturday, adding he would not comment further on the issue. 

Cronin, however, was not on the lease. She was a sub-tenant, and, because Pope had locked the doors, it effectively restricted Cronin from her patient database and their personal medical files.

“Unfortunately, this dispute was not handled in the proper, legal way by the landlord, and that has created a host of problems for my patients. I am absolutely devastated to think how this may be adversely affecting them,” Cronin said. “The lease between Studio Charmé and Jared Pope states that any changes in rent or eviction notices must be given in writing and specifies acceptable forms of that writing to be registered mail, UPS or other forms where an independent third party can confirm receipt.  Eviction notices must be provided 10 days prior to the eviction.  This supersedes default Arizona state law that states that notice is not needed. Jared Pope failed to provide any such notice and, therefore, has acted outside the law.”  

According to Cronin, Pope made arrangements with her to retrieve her possessions on Saturday morning. Instead, he had his employees clear the office of all materials, and the police were called to handle the dispute.

“He didn’t even meet me there as he said he would,” Cronin said. “And Arizona law requires that all belongings stay on the premises for up to 60 days while all parties attempt to resolve their issues. He wasn’t supposed to touch anything.”

Because the property is owned by Pope, the police department allowed Pope’s employees to remove the tenants' belongings, including Cronin's medication, computers and patient files.

On Monday, Cronin and Lambert jointly filed an emergency motion with the Pinal County Superior Court.  The case was assigned to Judge Gilberto Figueroa, who ruled in favor of the tenants: “The Court has found that an emergency exists and this order must be entered immediately to avoid irreparable harm because of the physical welfare of Dr. Cronin’s patients who may otherwise be in serious and immediate jeopardy due to the withholding of medical records, medical information, prescription medication, and information.”

Figueroa also gave Pope until 5 p.m. yesterday to return all the items, or he would be held in contempt of court. Pope complied with the court order and returned Cronin’s possessions. There will be a review hearing tomorrow as the case continues.

Cronin said all her patients’ digital records were password protected, but believes Pope may have violated the privacy of the Desert Wellness Center due to the paper files in the office. There is also the matter of the patients’ welfare and whether there has been any physical injury as a result of Pope’s actions. Cronin will have to make an assessment prior to tomorrow's hearing.

The case may also move to civil court to review financial damages for both parties. Cronin believes her financial damages will be in the thousands as she has lost revenue, potentially patients and will continue to lose revenue until she relocates her business. However, that is not Cronin’s main concern.

“This dispute was not mine, and it breaks my heart that my patients may suffer because of it," Cronin said. "I am doing everything in my power to make sure that my patients are safe.”

Lambert did not return calls for comment.