Dairy Queen sued by MOA for nearly $75K in due rent, violation of lease

A summer staple for many Minnesotans as the heat rolls around, Dairy Queen is under pressure by the Mall of America over rent it says is still due to them as part of a lease agreement.

According to a lawsuit filed on behalf of MOAC - the owner of Mall of America - in June 2018, Non-Typical Companies Inc. – the owner of the Dairy Queen franchise located in Suite E282 of Mall of America - agreed to a five-year lease agreement with the mall.

The agreement stipulated the Dairy Queen location would pay rent to MOAC in monthly installments, on or before the first day of each month, as well as, a percentage of its adjusted gross sales exceeding a pre-set sales breakpoint. Additional rent also consisted of charges such as taxes, operating costs and "common area maintenance."

However, according to the lawsuit, the location has failed and refused to pay any rent since January 2023, currently amounting to a delinquent amount of $74,854.86. As part of the lease violation, "MOAC has the immediate right to re-enter and take possession of the leased premises."

Now MOAC is seeking an immediate Writ of Recovery to retrieve the costs and disbursements it has incurred as a result.

In March, MOA announced three new dining options that would open this year.