Trial Required to Determine Whether Owner Took Control of Premises

January 23, 2018
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Facts: An owner and tenant signed a lease for a four-story parking garage with two retail spaces below it. The owner served the tenant with a written notice to cure 21 lease violations primarily related to the physical deterioration of the building caused by the tenant. In response, the tenant asked a trial court for a Yellowstone injunction to prevent the owner from taking any steps to terminate the tenancy until the matter could be resolved.

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