Tenant Could End Lease Because Owner Didn't Adequately Repair Roof Leaks

November 1, 2002

Over a five-month period, a tenant complained to the owner about roof leaks. The owner's son, along with a professional roofing contractor, supposedly repaired the leaks, but the leaks kept recurring. So the tenant told the owner it was terminating the lease and moving out because of “the serious leakage problem.” The owner sued the tenant for violating the lease.

Over a five-month period, a tenant complained to the owner about roof leaks. The owner's son, along with a professional roofing contractor, supposedly repaired the leaks, but the leaks kept recurring. So the tenant told the owner it was terminating the lease and moving out because of “the serious leakage problem.” The owner sued the tenant for violating the lease.

A Massachusetts appeals court ruled that the tenant could terminate the lease because the owner had failed to adequately repair the roof leaks. And the court ordered the owner to pay the tenant $1,063 in relocation costs. By failing to repair the leaks, the owner deprived the tenant of a “substantial benefit” of the lease—that is, a dry space in which to conduct its “high technology” business, the court said [Wesson v. Leone Enterprises, Inc.].

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