Raising Cane’s sues landlord who tried to evict its Boston location over ‘offensive chicken finger smells’


Raising Cane’s is suing a Boston landlord after they allegedly tried to evict one of their stores due to complaints about the ‘offensive odor’ of chicken fingers. 

The fast food giant claimed that the landlord’s company, 755 Boylston LLC, was ‘engaged in an extortionate scheme’ to force the restaurant out of the building.

According to a lawsuit filed in Suffolk Superior Court on January 23, the landlord threatened to evict Raising Cane’s because its restaurant ‘smells like chicken fingers’.

Raising Cane’s argued the eviction attempt was not actually due to the smell, but instead motivated by the landlord’s interest in leasing the space to another fast food franchise.  

The Louisiana–based chicken chain said the property owner was negotiating with Panda Express for the space next to Raising Cane’s.

It claims this violated their lease agreement, which forbids other chicken restaurants from opening in the building.

Raising Cane’s also alleged that the landlord has ‘has come to the realization that its own build–out of the second–floor office space was poorly executed’.

The lawsuit added that the goal to throw them out was ‘nothing more than an effort to cover up those failures’.

755 Boylston LLC in Boston attempted to evict Raising Cane's over its 'offensive odor' of chicken fingers, a lawsuit alleged

755 Boylston LLC in Boston attempted to evict Raising Cane’s over its ‘offensive odor’ of chicken fingers, a lawsuit alleged

The Louisiana-based fast food chain claimed the attempt to boot them was due to the landlord botching a renovation and being 'seemingly desperate to secure new tenants at the building'

The Louisiana–based fast food chain claimed the attempt to boot them was due to the landlord botching a renovation and being ‘seemingly desperate to secure new tenants at the building’

The lawsuit said 755 Boylston leased its premises to Raising Cane’s ‘with the express understanding that its intended use was for the preparation and sale of chicken finger meals.’

No other restaurant ‘selling deboned chicken’ was allowed in the building without Raising Cane’s prior approval, the suit claimed.

Legal filings noted that the chicken chain occupied the first floor, and that the landlord recently reconverted the second floor into office space.

Raising Cane’s ‘expressly approved detailed plans’ for the property owner’s ventilation system, per the suit.

The restaurant added that it had ‘spent over $200,000 to date’ in order to minimize the supposed chicken finger smells.

It accused the landlord of having ‘come to the realization’ that his rebuild was botched.

The chicken finger smell, the suit claimed, was used as an excuse because the owner was ‘seemingly desperate to secure new tenants.’

The chain called their reasoning ‘non–sensical [sic] and in contravention of any rational reading’ of the lease.

Raising Cane's said the Boston location in question had been open since 2022, with a lease was set to run through 2037 and a potential ten bonus years

Raising Cane’s said the Boston location in question had been open since 2022, with a lease was set to run through 2037 and a potential ten bonus years

According to the lawsuit, Raising Cane's said the property owner told them last August that Panda Express would be taking over an adjacent space in the building

According to the lawsuit, Raising Cane’s said the property owner told them last August that Panda Express would be taking over an adjacent space in the building

Raising Cane’s accused the landlord of being ‘intentionally engaged in an effort to extort’ them despite an allegedly ‘unambiguous’ lease.

The fast food chain said it had operated the Boston location since 2022 and currently employed about 75 people.

Its lease was set to continue through 2037, with an option for an additional ten years.

‘Extensive investment in the build–out of the leased premises reflects Raising Cane’s intention to operate its business at the Back Bay Location for many, many years,’ the suit said.

The company added that it tried to maintain a ‘positive relationship’ with the property owner, which included ‘extraordinary measures that exceed its obligations under the lease.’

Raising Cane’s claimed the landlord informed them last August that Panda Express would take over a neighboring space.

The chain said this would violate their lease’s exclusivity provision, as their competitor also served chicken ‘as a primary use.’

Raising Cane's was served with a notice to quit on January 15, per the suit. The landlord's alleged reasoning was the 'repeated release and emitting of offensive and/or nuisance odors'

Raising Cane’s was served with a notice to quit on January 15, per the suit. The landlord’s alleged reasoning was the ‘repeated release and emitting of offensive and/or nuisance odors’

Things escalated in January when Raising Cane’s told the landlord it would no longer comply with ‘continued unreasonable demands’ to spend additional money addressing the supposed chicken finger smell.

A week later, the landlord allegedly served the restaurant with a notice to quit, claiming the chain had defaulted on the lease.

The explanation given was the ‘repeated release and emitting of offensive and/or nuisance odors,’ the suit claimed.

Raising Cane’s claimed that their landlord’s actions resulted in ‘monetary harm’ to their business and is seeking a trial by jury.

The chain is asking for a declaration that it has not violated the lease and that it remains fully in effect.

It is also seeking double or triple damages, reimbursement for attorneys’ fees and costs and any other relief the court considers fair.

A Raising Cane’s spokesperson told the Daily Mail: ‘We’re Chicken Finger fanatics – litigation is not what we do. We hate that we’re in this position and haven’t been able to come to terms with our landlord.’

The company added that they ‘believe this situation can be resolved amicably and will continue working toward resolving the conflict with our landlord so we can focus on what we do best.’

The Daily Mail has reached out to Heath Properties, the company associated with 755 Boylston LLC, and Raising Cane’s listed attorneys Wayne Dennison and Rachel Feiden for further comment.



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