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Denver court rules in favor of Sunnyside market in dispute with landlord, but the future remains uncertain

The Tejon Market in the Sunnyside neighborhood was given a notice to vacate in 30 days, but won a case in Denver District Court allowing it to uphold its lease.

DENVER — The Tejon Market in the rapidly changing Sunnyside neighborhood is fighting to stay at its current location off West 44th Avenue and Tejon Street after receiving a notice to vacate.

The latest owner, Tesfaslassie Tesfay, said he has been in a legal battle with his landlord, Canwest Investments LLC, for months. This came after Tesfay received a notice of termination of his lease and was told he would have 30 days to leave the location.  

“Every night, I don’t sleep,” Tesfay, who is known in his community as “Mr. T,” said. He has owned the Tejon Market for four years, but it has been a mainstay in the community for much longer. 

His lease goes through October 2020 with the option to renew. In an email to 9NEWS, Glen Wood with Canwest Investments said his understanding is the agreement has an article giving both parties the mutual right to terminate with a month’s written notice – something he claims is common in commercial leases and benefits businesses that are worried about staying in business.  

Tesfay took the dispute to court, which ruled in his favor, saying the article allowing termination of the lease was too ambiguous. Canwest has since appealed, and that case is pending in Denver District Court.

On March 15, Tesfay said he received another letter from his landlord, alleging in this case that he was selling “drug paraphernalia.” He said he was merely selling products for tobacco use, and Canwest gave him 30 days to comply with their latest request.

“Witnesses have come forward to explain these types of pipes are for crack and other hard drugs, not merely for tobacco (I personally would not know the difference),” Wood wrote in an email to 9NEWS. “… the sale of such drug paraphernalia is bad for the community, and a potential liability and insurance risk.”

Wood said Canwest purchased the property where the Tejon Market does business in September 2018. He said the company is not interested in purchasing Tesfay’s business, but that it is willing to consider an “appropriate settlement that would allow Tejon Market to reasonably relocate within the neighborhood and continue its business without suffering monetary losses in the process.”

Tesfay said he’s stayed positive despite the uncertainty due to support from the community.

One such customer who’s publicly expressed support for Tesfay and his business is Ambrose Cruz, who said he had been coming to the store since he was a “little boy" in a Facebook post that garnered quite a bit of attention. 

“It means more than just a store, it means more than just a familiar face, it’s home still,” he said.

Tesfay said following the hundreds of shares this post has received, community members have stopped by to express their support.

“Last month and this month, there is a big difference,” he said. “Last month I was sad, me and my wife and my family.”

After the post, he said he felt happy and empowered.

In an email to 9NEWS, Wood said he does not think the parties “appear to be close to reaching an agreement.”

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