Stop 65, LLC v. Beach Park Railway, LLC: Ohio Appeals Court Upholds Shopping-Center Eviction of Museum Tenant Over Unapproved Sublease

Landlord–Tenant Ruling Issued
Date
October 5, 2026
Added to tracker
October 13, 2026
Court or forum
Ohio Court of Appeals, Ninth Appellate District
State
Ohio
Presiding judge
Carol Ann Robb
Property type
Retail
Amount / scale
Possession of a 15,000 sq. ft. space renting for $583 a month
Parties
Plaintiff-Appellee / Landlord: Stop 65, LLCDefendant-Appellant / Tenant: Beach Park Railway, LLCNon-disturbance agreement party (originally named, dismissed by stipulation): Ohio Facilities Commission

On October 5, 2026, Ohio's Ninth District Court of Appeals affirmed an Avon Lake Municipal Court judgment evicting Beach Park Railway, LLC, a state-funded museum operator, from shopping-center space owned by Stop 65, LLC. The court held that letting an outside motorcycle-repair operation occupy dedicated space in the premises was an unauthorized sublease, not a mere license, and that a commercial landlord needed no separate 30-day termination notice before its statutory three-day notice to vacate.

Why it matters

The decision gives commercial landlords a clear test for when a tenant's informal side arrangement becomes a sublease that breaches an anti-subletting clause, and it confirms that Ohio's residential 30-day termination rule does not apply to commercial leases. It also shows how a non-disturbance agreement with a public funder can add notice-of-default conditions that complicate a tenant's own damages counterclaims.

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The premises are Suite A at 33501 Lake Road in Avon Lake, Ohio, a roughly 15,000-square-foot space in a shopping center. Beach Park Railway, LLC used the space to operate a museum it established with state grant money, and in 2019 it signed a non-disturbance and estoppel agreement with the Ohio Facilities Commission and the then-owner protecting the Commission's interest. The tenant originally occupied as a subtenant of TBP Avon Lake, LLC, paying $583 a month. After TBP sold the property and leased it back, Stop 65, LLC acquired the shopping center, evicted TBP in a separate Lorain County case decided in March 2024, and became the museum operator's direct landlord.

Case timeline · 6 entries Latest: October 5, 2026 — Ninth District Court of Appeals affirms

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