Larry Flynt Sued by Brother Over Hustler Lease Deal

May 22, 2009 4:30 PM PST
BEVERLY HILLS, Calif. — The family feud keeps growing.

Now Jimmy Flynt Sr. has filed suit against brother Larry Flynt over a rent dispute involving the Hustler Hollywood Store in Cincinnati.

The suit, filed Friday at Hamilton County Superior Court, accusing Larry Flynt of “sheer retaliation” by trying to evict him from the 411 Elm St. building that houses the Jimmy Flynt-owned Hustler Cincinnati.

It accuses Larry Flynt of falsely accusing Jimmy Flynt of being late on $31,000 in owed rent for the nine-year-old store.

Jimmy Flynt purchased the property in 2000 but sold it in a lease-back deal to Larry Flynt in 2004 for $280,000.

After a second lease agreement in 2006, the parties agreed to a 10-year deal with another 10-year renewal option.

The base rent, $5,500 a month, was to increase annually by 5 percent, but Hustler Cincinnati allegedly did not account for an increased monthly payment, the suit said.

“By mutual mistake and simple oversight, plaintiff’s monthly rent payments to defendant did not increase by 5 percent on April 1, 2007, as set forth in the April 2006 lease agreement,” the suit said.

In the complaint, Jimmy Flynt said his brother is attempting to evict him out of the Elm Street store, a move that would mean the end to that business, despite that Jimmy Flynt transferred $31,000 two weeks ago.

The suit also said that “an individual purporting to be a representative of defendant … handed a notice to leave the premises to an employee of plaintiff and also made a verbal announcement in front of the customers that plaintiff was being evicted.”

“Literally, [Larry Flynt] is attempting to run Jimmy Flynt out of business, thereby destroying his very livelihood that he has spent years building in partnership with Larry Flynt,” the suit said.

Jimmy Flynt, in the suit, contends that Larry Flynt didn’t notify him of the deficient amount for more than two years and that he is upset because Jimmy Flynt’s two sons are using the Flynt name in a porn venture not affiliated with Larry Flynt.

Earlier this year, Larry Flynt filed a federal lawsuit against Flynt Media Corp., the business owned by Jimmy Flynt’s sons, Dustin and Jimmy Flynt II. Larry Flynt alleges trademark infringement in that case.

The suit notes that “Larry Flynt has testified, and has told others that he intends to interfere with Jimmy Flynt Sr.’s livelihood and intends to cause financial hardship due to Jimmy’s inability to “control his boys.”

Jimmy Flynt also said his brother wants to evict him for refusing to give a $400,000 loan to Larry Flynt Productions.

Larry Flynt on Monday downplayed the lawsuit and its accusations.

“It’s a suit over a lease," Flynt told XBIZ. "It’s nothing earth-shattering.”

XBIZ calls to Jimmy Flynt went unreturned late Friday.

The suit, which will be heard Wednesday, seeks an order for Larry Flynt not to evict Jimmy Flynt's business from its current location.

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