Restaurant Claims Lack of Parking Ends Its Duty to Pay Rent

What Happened: A tenant wanting to open a new restaurant in Dallas expressed concern about the lack of nearby offsite parking but signed the lease anyway. The landlord set out to find more parking but was unsuccessful. As a result, the tenant decided it couldn’t go through with its restaurant plans and stopped paying rent. The landlord sued, but the tenant claimed that the unavailability of parking was a so-called “force majeure” event relieving it of its duty to pay rent under the lease.

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