Facts: A utility company signed a lease for an office building that would be constructed according to a building plan between it and the owner. The lease would commence when the building was “substantially complete,” meaning that the building had been constructed according to...
Facts: In April, an owner and tenant signed a lease for retail space in a shopping center that was still under construction. The lease provided that the owner would deliver the property to the tenant in an improved condition specified in the lease by the time the lease was to start, in...
Facts: A clause in a lease between a retail tenant and shopping center owner generally exempted the owner from liability and stated that an insurance claim was the tenant's sole recourse for the owner's negligence. Another paragraph specifically precluded the tenant from suing the...
Facts: A representative of a technology services firm toured a vacant building with two prospective owners who were considering buying the property, but only if they could find an appropriate tenant for it. The representative expressed interest in renting the space, but didn't sign a...
Facts: For over 30 years, an auto body business rented commercial property made up of several buildings. Ten years into the lease, the tenant built a small building on the property to use as a “paint room” where it could paint cars it had repaired. A few years later, it...
Facts: A franchised restaurant tenant signed a lease with a property owner/developer while the shopping center where it would rent space was still being developed. The tenant as a corporation signed the lease as both tenant and guarantor.
Facts: The exclusive-use provision in a tenant's lease barred the owner from renting space in its shopping center to other tenants that sold stationary and school supplies. Several months later a school supply store opened in the center, but the tenant didn't object.
Facts: Under its lease, a tenant was responsible for maintaining the space it rented to operate its restaurant. The tenant was also prohibited from making alterations and improvements without written approval. “Events of default” included nonperformance of these or any lease...
Facts: A tenant that operated a thrift store was evicted for nonpayment of rent. The owner believed the store's inventory, which the tenant had left behind, was “junk” and disposed of it without waiting 15 days—the statutory period during which tenants have an...
Facts: A tenant signed a five-year lease to operate its restaurant in a strip mall. After two years, the tenant asked the owner if it could sublet the space to another restaurant tenant, but the owner refused to sign a consent agreement. The tenant went ahead with its plans to sublet its...
Facts: An employee of an office building tenant suffered injuries after she tripped and fell on a raised edge of the metal molding surrounding a trapdoor on the floor of the tenant's pantry room. The purpose of the trapdoor was to access a crawl space approximately three feet high...
