Judge orders Subway to vacate premises after non-payment of rent

Subway was ordered to vacate the Kimball Junction location by the end of December after failing to pay rent for several months.

B&B Western Properties, a Utah company that owns the current Subway site at 1612 Ute Blvd., filed a lawsuit earlier this month, claiming the sandwich shop has missed several rent payments this year and now owes more than 25,000 dollars.

Subway was given a three-day notice to pay rent or vacate the premises on November 21, but had not complied by the time the suit was filed on December 2.

In an order filed Dec. 20, Third District Court Judge Richard Mrazik ordered Subway to vacate the Ute Avenue location by 5 p.m. Dec. 31.

“If you fail to comply with this order, you may be forcibly removed from the property by the sheriff or a constable, using the least destructive means possible to remove you, your personal property, and any person who claims to have received the right to your occupation,” Mrazik said in the court filing.

Subway has leased the Ute Boulevard property since 1997. The lease has been renewed several times over the years, most recently in August 2022. Subway’s monthly base rent payment was just over $5,400 per month in July 2024.

The store owner said he would not comment on the litigation.

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