CHARLOTTE, N.C. — The real estate group that owns Northlake Mall in Charlotte claims one of its tenants broke a lease too soon. But the retailer that left says the mall is too unsafe for them to do business in, likening the mall to "an atmosphere reminiscent of a warzone".
The Spinoso Real Estate Group, which owns the mall, filed a suit against American Eagle Outfitters in federal court on Sept. 5, 2023. The suit claims the American Eagle store within Northlake stopped operating, thus not paying the monthly $12,500 rent in April 2023. Spinoso said as of filing, it had lost about $75,000 because of the non-payment and wants American Eagle to pay for it.
The real estate group also said it had a claim to the money because the store's lease required continual operations inside the mall during the lease term.
However, American Eagle filed a counterclaim on Sept. 12 against Spinoso. The popular clothing retailer said in the counterclaim that "rampant violence at Northlake Mall" made running the store unsafe for both employees and customers. American Eagle specifically said incidents like shootings and attempted murders caused the company to lose sales and customers.
Additionally, American Eagle said it had still paid its bills with Spinoso, and that the lease requirements about occupying and operating inside Northlake Mall were ambiguous.
The retailer said other retailers inside the mall have also chosen to shut down, citing a move by Apple to do so in March 2023. Apple's announcement at the time happened just a day after a shooting unfolded at Northlake Mall, the third one there in about two-and-a-half months. Competitor clothier Buckle also exited the mall later in March 2023 according to American Eagle's counterclaim.
American Eagle's allegations again evoke chaotic imagery, saying the mall devolved into a "practical warzone" over the course of the last two years, citing a pair of shootings in August 2021 as further examples. The retailer also criticized the mall's youth supervision policy enacted that same month, saying that it diminished American Eagle's sales and did not stop the violence. Additional shootings were cited in the counterclaim that unfolded in 2022.
Further, American Eagle criticized a stricter security policy enacted by Spinoso after Apple and Buckle left. It claims an increased amount of security staff and off-duty police officers were "measures that one might expect at a prison" instead of a mall, and that the policy again did nothing to keep retailers at the mall. The company said the Michael Kors store shut down in August 2023 because of continued safety concerns.
As of publication, a date for an initial appearance in court has not been determined according to court records reviewed by WCNC Charlotte. American Eagle's counterclaim requested a trial by jury.