Boulder landlord seeks damages, unpaid rent in lawsuit

BOULDER — A damages hearing in a rent-default lawsuit involving a Boulder software company has been set for 1:30 p.m., Friday, Sept. 11.

Fathym Inc., which occupied 1916 13th St., Suite A, was sued by its landlord, Wencel Building LLC, on July 15 in Boulder County District Court, in a complaint alleging that Fathym failed to pay rent beginning in April. 

An attorney for Boulder law firm Dietze and Davis PC, which represents Wencel, did not respond to requests for comment. A message left on Fathym’s voice mail was not returned.

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Fathym was founded in 2015. Its products include a modular app-development framework and a machine-learning weather-forecasting platform. 

According to the complaint, Fathym signed a four-year lease to rent the 1,943-square-foot space in December 2018, with the lease expiring in February 2022. Fathym’s monthly rent was $8,289.75, which included both base rent and Fathym’s share of operating expenses.

After Fathym failed to pay rent in April, May, June or July, Wencel posted a compliance demand on the premises on July 2, according to the complaint. At the same time, Wencel determined that Fathym had abandoned the premises while leaving behind a “significant amount of the Defendant’s personal property … including but not limited to office furniture.”

In the complaint, Wencel sought damages of $33,159 in unpaid rent, plus interest and late fees; rent payments through February 2022; and repossession of the premises. 

On July 24, a Boulder County District Court judge granted a default judgment in favor of Wencel and filed a writ of restitution with the Boulder County Sheriff’s Department to repossess the premises.

Fathym Inc. was included in a database listing recipients of Payroll Protection Program loans, with a loan between $150,000 and $350,000, according to the U.S. Small Business Administration.