No Constructive Eviction Where Tenant Didn’t Notify Owner of Sewage Problem

What Happened: After experiencing repeated problems with the building sewage system, a bank branch tenant decided to move out. In its notification letter, the tenant claimed that it was subjected to “hazardous environmental conditions”—namely, mold and sewage backup—and claimed that the landlord’s failure to remedy the problem was constructive eviction. The landlord, in turn, sent the tenant a default notice, and it was on to litigation.

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