Downers Grove Bed Bath & Beyond sued over unpaid rent

The owner of the Finley Square Shopping Center in Downers Grove is suing to evict a Bed Bath & Beyond housewares store, for rent it didn't pay when the store was closed this spring due to COVID-19 stay-at-home orders by the state.

According to the suit, filed July 24 by Federal Realty Investment Trust, Bed Bath & Beyond has not paid its rent for April and May, and paid its June rent late.

Bed Bath & Beyond of Downers Grove Inc. signed a lease May 25, 1993, for a 73,572-square-foot space at 1548 Butterfield Road. Bed Bath & Beyond Inc. took over the lease.

Each month, Bed Bath & Beyond is to pay a fixed minimum rent, a share of common-area costs and a share of real estate taxes. They total about $93,865 a month, according to the lawsuit.

Bed Bath & Beyond has paid its June and July bills, but owes at least $172,707 for the back rent, taxes and common-area costs, plus late fees and interest, according to the lawsuit.

The suit does not seek anything regarding percentage rent. In addition to the fixed rent, Bed Bath & Beyond is supposed to pay a percentage rent of 2% on adjusted gross sales above $24.98 million a year, according to a lease extension signed in 2018 that was included as an exhibit to the suit.

According to the company's website, the store is still open.

A response was not available Monday afternoon from Bed Bath & Beyond.

In McHenry County, an eviction lawsuit was filed May 29 against Bed Bath & Beyond, but it was dismissed Monday by agreement of all the parties.