Landlord seeks to evict Incline's post office

Incline Village Center Limited Partnership - a group of property owners at the Incline Village Shopping Center - wants the U.S. Postal Service out of its Incline office at Mays Boulevard.

The partnership filed an eviction complaint June 2 with the Second Judicial Court in Reno against the post office, one of the tenants in the shopping center.

The complaint, which seeks damages of more than $20,000, claims the U.S. Postal Service is trespassing on the property since a lease agreement wasn't signed by Feb. 29.

The limited partnership is a group of property owners in California.

Since March 1, the post office has occupied the building without a lease, the partnership said in its complaint.

"Eviction is one of the possibilities," said Ken Caldwell, the partnership's attorney.

Post office officials in Denver said Incline Village and Crystal Bay residents won't see any disruption in service at the Incline office despite the partnership's complaint.

Ed Bavouset, postal service manager of real estate in Denver, said post office real estate specialists attempted for a year to come to a lease agreement with the partnership.

The Postal Service's real estate specialists are headquartered in Denver, and handle post office real estate matters throughout the West.

"The property has been appraised," Bavouset said in a phone interview, adding the Postal Service tried to negotiate a lease based on fair market value.

"We have not been successful in concluding negotiations," he said.

The partership's complaint asks for three claims for relief for trespass, unlawful detainer and sufferance.

The unlawful detainer claim says the post office "has continued in possession of the subject premises after the specified term" in the lease.

Since March 1980, the Postal Service has had a lease with the shopping center owners.

There was an initial lease term of 10 years with two five-year options. The last lease option ended Feb. 29.

Bavouset said attorneys from the U.S. Department of Justice are working on a response to the eviction complaint, which asks that the case be moved to federal court.

"It was filed in an improper court," Bavouset said. "We're asking the case be moved to an appropriate court."

Bavouset added the post office will continue its efforts in working out a lease with the partnership.

"We have always represented to the property owners that we will consider negotiations on this matter," he said.

The partnership is seeking damages of more than $10,000 for trespass, as well as more than $10,000 in damages for sufferance.

Other damages will be sought by the partnership as long as the post office remains open in the shopping center without a lease, Caldwell said.

"They'll accrue on a daily basis," he said.