The owner of Tim’s Rivershore Restaurant and Crab House has filed court action against his landlords at Potomac Shores to extend his lease based on a 2013 provision in the paperwork.
Owner Tim Bauckman’s attorney Milton C. Johns filed the complaint Wednesday in Prince William County Circuit Court.
For 28 years, Tim’s has been an institution along the Potomac River between Woodbridge and Dumfries, but Bauckman was notified last month by the property manager for the Potomac Shores development they were not renewing his lease.
The complaint for “entry of declaratory judgement” details Bauckman’s lease of the property at the end of the Cherry Hill peninsula back to 2010. It points to a 2013 lease provision with landlord CHR Properties of Delaware allowing Bauckman to twice extend his lease for one year.
In February, Bauckman notified CHR that he was exercising his option to extend the lease for two years, the complaint states. But CHR had already sent a notice of default on the rent and a notice to vacate.
“Rivershore was not in default at the time of the February 19, 2021 letter from counsel for CHR,” the complaint states. “Rivershore has properly executed its option to extend the lease by two years.”
The complaint asks the court to enforce the lease extensions and “that the Lease otherwise continues in full force and effect; and for any such other and further relief as the Court should deem just.”
Bauckman deferred comment on the legal complaint to Johns, but told InsideNoVa, “we’re going to try to do everything possible to stay.”
Johns could not immediately be reached for comment.
Thousands have taken up the cause of saving Tim’s, with a “Save Tim’s Rivershore!” Facebook page and a Change.org petition. His supporters took their case to the Board of County Supervisors meeting Tuesday night and have bombarded property manager Biddle Real Estate Ventures with letters and calls.
Biddle has said they chose not to renew Bauckman’s lease after attempts to work with him to repair the property and complaints from the public.
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