Health Code Violations Don't Relieve Rent Obligation

September 8, 2008

Facts: The tenant and owner entered into a lease agreement containing a provision that relieved the tenant from paying the rent and other charges during the lease term if the premises were unfit for occupancy.

Several months into the lease, the owner was informed that the premises had a leaky roof, and hired a contractor to fix the leak. After the work was completed, the city's health department inspected the building, found numerous code violations, and closed the tenant's space.

Facts: The tenant and owner entered into a lease agreement containing a provision that relieved the tenant from paying the rent and other charges during the lease term if the premises were unfit for occupancy.

Several months into the lease, the owner was informed that the premises had a leaky roof, and hired a contractor to fix the leak. After the work was completed, the city's health department inspected the building, found numerous code violations, and closed the tenant's space.

The tenant stopped paying rent and claimed that it should not have to pay rent, because the code violations were the result of the leaky roof. The owner sued the tenant for the unpaid rent.

Decision: A Connecticut trial court ruled in favor of the owner.

Reasoning: The court determined that the roof leak did not cause the health department to close the tenant's business, so the building was not unfit for occupancy.

  • Hartford Commercial Properties, LLC v. Sherwani, May 2008

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