Downtown Italian restaurant Frank & Dino’s, open only 2 months, facing eviction notice
One of Lexington’s newest restaurants is facing a potential eviction.
The owners of the historic Security Trust Building at 271 W. Short Street filed a notice to evict Frank & Dino’s, the upscale Italian restaurant that opened in August.
A hearing is scheduled on the eviction on Oct. 26 at 9:30 a.m. before Fayette District Judge John L. Tackett.
Mike Meuser, attorney for Frank & Dino’s, said Monday the restaurant would have no comment. Restaurant owner Carlo Vaccarezza also declined to comment. The restaurant remains open.
K O Holdings LLC, the owners of the building, filed the notice in late September. Joe Buckles, attorney for the building’s owners, said that Frank & Dino’s has never paid rent and owes about $20,000.
One of the building owners is David Kloiber, the Lexington-Fayette Urban County Council member for District 6.
“We’ve tried to work with them a lot, including signing a new lease with them during COVID, to give an extra eight months of rent abatement. But rent was supposed to begin in February and we’ve still received nothing from them,” Kloiber said. “We’re more than happy to talk with them about any other concerns, but that pre-supposes they are tenants and paying rent.”
Co-owner Jay King said that K O filed the eviction notice after months of non-payment of rent and then the restaurant filed a lawsuit.
“The restaurant has decided to retaliate with some frivolous claims against K O Holdings in an effort that we can only understand to be an attempt to continue avoiding paying rent,” King said. “It is always our goal to create spaces that promote an enjoyable experience to both our tenants and the community, so regardless of who is operating the restaurant at our Short Street location, we intend to continue doing just that.”
The owners of Frank & Dino’s, Post Time Lexington LLC, filed a lawsuit Oct. 19 in Fayette Circuit Court against the building’s owners, alleging that they failed to deal with water damage to a new hardwood floor, that the open restaurant’s front door was locking electronically at 6 p.m., keeping patrons out, and that the building owners have denied permission to put a sign on the building.
Post Time has invested more than 18 months and nearly $2 million on improvements to the space, according to the lawsuit. “The premature termination of Post Time’s lease will result in the unjust enrichment of KO by the taking of the fit-up and improvements completed by and funded by Post Time and thereby the enhanced value of the premise.”
Frank & Dino’s said that it has placed in escrow the amounts that the building’s owners claim are owed, even though the restaurant disputes that amount.
According to the lawsuit, the lease allowed Frank & Dino’s to pay reduced rent based on any “actions .. to order reductions in restaurant and bar capacity.”
Before Gov. Andy Beshear ended COVID-19 restrictions across the state in June, capacity at Kentucky restaurants and bars was reduced.
Frank & Dino’s is asking Fayette Circuit Court Judge Lucy A. VanMeter to order the building’s owners to accept reduced rent.
In a response filed Monday, the landlords argued that the lease provided for a rent reduction if an executive order caused the tenant’s business operations to be limited by a certain percentage. Frank & Dino’s did not open until after the restrictions were lifted and so the lease provision does not apply, they said in the filing.
This story was originally published October 25, 2021 at 11:24 AM.
