Tenant Didn't Waive Right to Collect Damages for Medical Equipment

Facts: The space that a medical office tenant leased for its operations was flooded several times due to leaks in the building’s roof. Each time a flooding incident happened, the tenant informed the owner, who refused to make repairs. The tenant lost over $1.5 million in equipment due to water damage. It sued the owner, claiming that the owner had breached the lease by not making repairs and demanded that the owner pay for the damage to the equipment and release the tenant from the lease. The owner asked a trial court for a judgment in its favor without a trial.

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