DELRAY BEACH, FL (Boca Post) (Copyright © 2026) — A West Delray fitness business has filed a civil complaint against its landlord, claiming recurring animal waste, odors and trash access problems at a commercial plaza interfered with its ability to operate.
The lawsuit, BEBS Fitness, LLC d/b/a HEW Fitness West Delray v. 441 Atlantic Realty, LLC, was filed May 8, 2026, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County. The case is listed as Case No. 502026CA005213XXXAMB.
BEBS Fitness, LLC, which does business as HEW Fitness West Delray, is suing 441 Atlantic Realty, LLC over a commercial lease for space at 15065 and 15071 FL-7, Unit 550, Delray Beach, according to the complaint. The filing says 441 Atlantic Realty is the landlord, owner and/or party responsible for the commercial property.
The complaint was filed by The Sasson Law Firm in Boca Raton on behalf of BEBS Fitness. No defense law firm is listed in the complaint.
The claims in the complaint are allegations made by the plaintiff and have not been proven in court.
According to the complaint, BEBS Fitness entered into a written commercial lease with 441 Atlantic Realty on July 21, 2023, for the purpose of operating a gym and fitness business. The filing says the lease contemplated the use of outdoor running areas connected to the fitness operation and that members regularly used those running trails during workouts and training activities.
The complaint claims problems developed after the gym began operating involving a neighboring tenant described as a veterinary, animal hospital, pet-related or animal-care business in the same development. BEBS Fitness claims the neighboring tenant expanded operations and that a dog waste receptacle station was installed near the premises without the gym being given notice or an opportunity to approve or object.
The filing alleges the neighboring tenant’s operations led to recurring sanitation problems, including animal waste, dog waste, odors and unsanitary conditions in common areas used by the gym’s customers, employees and invitees.
According to the complaint, the running areas and nearby common areas were repeatedly contaminated with dog feces associated with the neighboring veterinary tenant. The complaint says members of the fitness business stepped in animal waste during workouts on at least three occasions within the past six months.
BEBS Fitness claims those conditions affected its ability to operate, attract and retain customers, preserve goodwill and use the leased premises for its intended commercial purpose. The complaint says the business experienced disruption, lost customers, lost revenue and damage to business goodwill.
The complaint also alleges the landlord controlled or was responsible for the commercial plaza, including common areas, running trails, exterior areas, trash access, shared facilities, tenant compliance and lease enforcement.
According to the filing, BEBS Fitness repeatedly notified 441 Atlantic Realty about the conditions beginning as early as January 2026 and continuing through April 2026. The complaint says the gym reported that customers and members were encountering dog feces throughout the plaza and asked the landlord to require the neighboring tenant to implement regular cleanup measures, including nightly inspection and removal of animal waste.
The plaintiff also claims it notified the landlord that a dumpster access code was not working, which the complaint says interfered with the gym’s ability to dispose of business waste. The complaint alleges the defendant acknowledged the issues but failed to adequately correct them.
BEBS Fitness is seeking damages, declaratory relief and injunctive relief. The complaint asks the court to declare the plaintiff’s rights under the lease, terminate the lease or declare that the plaintiff is entitled to terminate it, award compensatory damages, and, if the lease is not terminated, order the landlord to correct the alleged conditions affecting the premises, common areas and running trails.
The original complaint, BEBS Fitness, LLC d/b/a HEW Fitness West Delray v. 441 Atlantic Realty, LLC, Case No. 502026CA005213XXXAMB, as filed May 8, 2026, with the Palm Beach County Clerk of Court, can be viewed at the PBC Clerk of Court.
Boca Post provides daily reporting on Contract & Business Disputes filed in Palm Beach County. Boca Post tracks civil litigation filed in Palm Beach County courts as part of its ongoing legal coverage. Readers can explore recent cases in our Boca Raton lawsuits coverage.
