Broker says Highland clients used phony leases to avoid paying commission

Tumble Haus - 1330 W. 38th Ave.

Tumble Haus, at 1330 W. 38th Ave. in Highland, on Nov. 10, 2025. (Justin Wingerter/BusinessDen)

A Denver real estate broker is accusing his clients of forging sham contracts to avoid paying him a commission after leasing a building in the Highland neighborhood to a tumbling gym.

Doug Gates with Madison Commercial claims in a Nov. 5 lawsuit that he used the state’s open-records laws to uncover the alleged subterfuge by Fesehaye Abrhaley and Almaz Gomeday, which involved a trio of fake documents designed to keep their lease a secret.

Abrhaley and Gomeday own 1330 W. 38th Ave., a 3,000-square-foot retail building that they paid $290,000 for in 2005. Since 2019, that property has been leased by Tumble Haus, a gym for kids and social club for parents that includes a coffee shop and holds happy hours.

Gates says he signed a contract in February to market the building for lease for six months in exchange for a 6% commission. The broker was then told in May that his middleman services would not be needed.

Still, he searched for tenants. In late May, while Tumble Haus was on a month-to-month lease, he suggested As Above So Below Tattoo, which was willing to pay $34.70 per square foot, or $8,661 per month, Gates recalls.

“I am not willing to accept any rate to lease less than $35/sqft,” Abrhaley reportedly emailed.

Over the summer, everything came to a head. First, Tumble Haus was sold to a Boulder native and child educator named Megan Lane. Then, her Learning Lane LLC signed a seven-year lease at 1330 W. 38th Ave. and threw a grand reopening party at the end of July.

“Abrhaley and Gomeday did not tell Gates after this lease was signed,” his lawsuit alleges.

Instead, Abrhaley reportedly emailed to say he had signed an “extension of the lease to the existing business.” Gates considers this a lie, since Tumble Haus had changed hands.

After Gates’s lawyer demanded copies of the extension, Abrhaley sent over a document showing Learning Lane’s lease ran through Sept. 15. According to the broker’s lawsuit, “the extension was a sham contract” designed to hide the seven-year lease he was unaware of.

In September, Abrhaley reportedly emailed the broker’s attorney a one-year lease between himself, Gomeday and Learning Lane. This, too, was a sham, according to Gates.

Doug Gates - Madison Commercial Properties

Doug Gates (Madison Commercial Properties)

“They knew that it was fraudulent because the Learning Lane 84-month lease was in effect,” his lawsuit alleges. “Abrhaley and Gomeday lied to Gates because Gates, at the time, was unaware of the Learning Lane 84-month lease and that Gates was entitled to a commission.”

In the meantime, Learning Lane applied for a liquor license from the City of Denver. Attached to its application, which Gates is said to have acquired a copy of, was that 84-month lease.

Next, on Oct. 16, Abrhaley and Learning Lane signed a rescission of their 84-month lease and agreed to enter into a short-term lease instead, according to last week’s lawsuit. Gates calls this “a feckless attempt” to revoke the long-term lease and again deny him his commission.

Madison Commercial Properties and its broker are suing Abrhaley and Gomeday for breach of contract in Denver District Court. Their lawyer is Kevin McKay of McKay Law in Denver.

Gates declined to discuss the case with BusinessDen, including how much he is owed, but a copy of his contract and Learning Lane’s 84-month lease suggest he is seeking 6% of the tenant’s $678,480 in base rent.

Abrhaley and Gomeday are represented by Tayo Okunade, a solo practitioner in Denver. Through their attorney, the Green Valley Ranch residents also declined to comment.

Tumble Haus - 1330 W. 38th Ave.

Tumble Haus, at 1330 W. 38th Ave. in Highland, on Nov. 10, 2025. (Justin Wingerter/BusinessDen)

A Denver real estate broker is accusing his clients of forging sham contracts to avoid paying him a commission after leasing a building in the Highland neighborhood to a tumbling gym.

Doug Gates with Madison Commercial claims in a Nov. 5 lawsuit that he used the state’s open-records laws to uncover the alleged subterfuge by Fesehaye Abrhaley and Almaz Gomeday, which involved a trio of fake documents designed to keep their lease a secret.

Abrhaley and Gomeday own 1330 W. 38th Ave., a 3,000-square-foot retail building that they paid $290,000 for in 2005. Since 2019, that property has been leased by Tumble Haus, a gym for kids and social club for parents that includes a coffee shop and holds happy hours.

Gates says he signed a contract in February to market the building for lease for six months in exchange for a 6% commission. The broker was then told in May that his middleman services would not be needed.

Still, he searched for tenants. In late May, while Tumble Haus was on a month-to-month lease, he suggested As Above So Below Tattoo, which was willing to pay $34.70 per square foot, or $8,661 per month, Gates recalls.

“I am not willing to accept any rate to lease less than $35/sqft,” Abrhaley reportedly emailed.

Over the summer, everything came to a head. First, Tumble Haus was sold to a Boulder native and child educator named Megan Lane. Then, her Learning Lane LLC signed a seven-year lease at 1330 W. 38th Ave. and threw a grand reopening party at the end of July.

“Abrhaley and Gomeday did not tell Gates after this lease was signed,” his lawsuit alleges.

Instead, Abrhaley reportedly emailed to say he had signed an “extension of the lease to the existing business.” Gates considers this a lie, since Tumble Haus had changed hands.

After Gates’s lawyer demanded copies of the extension, Abrhaley sent over a document showing Learning Lane’s lease ran through Sept. 15. According to the broker’s lawsuit, “the extension was a sham contract” designed to hide the seven-year lease he was unaware of.

In September, Abrhaley reportedly emailed the broker’s attorney a one-year lease between himself, Gomeday and Learning Lane. This, too, was a sham, according to Gates.

Doug Gates - Madison Commercial Properties

Doug Gates (Madison Commercial Properties)

“They knew that it was fraudulent because the Learning Lane 84-month lease was in effect,” his lawsuit alleges. “Abrhaley and Gomeday lied to Gates because Gates, at the time, was unaware of the Learning Lane 84-month lease and that Gates was entitled to a commission.”

In the meantime, Learning Lane applied for a liquor license from the City of Denver. Attached to its application, which Gates is said to have acquired a copy of, was that 84-month lease.

Next, on Oct. 16, Abrhaley and Learning Lane signed a rescission of their 84-month lease and agreed to enter into a short-term lease instead, according to last week’s lawsuit. Gates calls this “a feckless attempt” to revoke the long-term lease and again deny him his commission.

Madison Commercial Properties and its broker are suing Abrhaley and Gomeday for breach of contract in Denver District Court. Their lawyer is Kevin McKay of McKay Law in Denver.

Gates declined to discuss the case with BusinessDen, including how much he is owed, but a copy of his contract and Learning Lane’s 84-month lease suggest he is seeking 6% of the tenant’s $678,480 in base rent.

Abrhaley and Gomeday are represented by Tayo Okunade, a solo practitioner in Denver. Through their attorney, the Green Valley Ranch residents also declined to comment.

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