The Herald Bulletin

Morning Update

Local Business

June 15, 2014

Motel 6, property owners engaged in suit

ANDERSON — After an inspection revealed some alleged deficiencies at a local Motel 6, the partnership that owns the property on Scatterfield Road is suing the international hotel chain for not maintaining it as a "first-class motel."

The partnership, known as 5810 Scatterfield Road L.P., is arguing that Motel 6 Operating L.P. let the property deteriorate to the point where it is no longer a first-class tourist facility. And that, the partnership is saying in a federal lawsuit, violates an original agreement.

Motel 6 signed a lease in the 1970s in which the chain would be responsible for maintaining the property, including making necessary repairs to keep the appearance of a "first-class motel."

On Nov. 5, 2013, the 5810 owners, originally based in California, were concerned the building was not being maintained properly and asked the Delaware-based Motel 6 to perform repairs. They went so far as to hire a certified inspector, John Kaduk, to examine the building to show which areas needed the most attention.

In court documents, Kaduk's initial affidavit detailed the inspection.

Kaduk found concrete walkways that were cracked and pitted, deteriorating parking lots with potholes and exterior staircases containing concrete and replacement wooden steps, in addition to several other problems. Kaduk also estimated 70 percent of the air conditioning units in the rooms were outdated.

"We found the condition of the inspected property was cosmetically outdated and deteriorated," Kaduk said in the affidavit. "(The hotel is) in need of major interior and exterior renovating to restore it to the condition of a first-class motel."

When that letter asking for repairs was ignored, the company decided to do the work itself while charging Motel 6 a 10 percent interest on the cost of repairs, which was an action they were allowed to charge, according to the original lease agreement.

Court documents show Motel 6 refused to let the 5810 group make the repairs, stating those actions would be "improper and unlawful interference in the operations of the Anderson Motel 6."

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