Facts: A tenant leased space at a shopping center for its sporting goods store. The center was in a flood zone and had been flooded several times, ruining the inventory of the center’s tenants each time. Under the lease, the tenant was required to have an “all-risk...
Facts: A tenant who provided physical therapy services rented space on the top floor of a five-story building. After three months, the tenant stopped paying full rent. The owner sued the tenant to recover the space and won. The tenant sued the owner for constructive eviction....
Facts: An employee was injured while working at a warehouse leased by his employer. The floor of the warehouse collapsed while the employee was stacking steel in a bay. The basement under the bay was rented to another tenant. The employee and the steel fell into the basement....
Facts: A pedestrian slipped and fell on ice in the parking lot of a shopping center. She sued the owner of the property. The owner asserted that the tenant that rented the store near the parking lot was obligated to keep not only its space and the area adjacent to the store but...
Facts: A discount store rented space at a strip mall. The lease provided that the center’s owner would maintain the lighting in the common areas, including the area of the center behind the stores, which was used as a loading dock for merchandise to be brought into the...
Facts: An office building owner continued to accept rent from a tenant after its lease was over. The lease provided that the owner could sue the holdover tenant for liquidated damages if it failed to surrender the space when the term ended. Several months later, the owner sent a...
Facts: A restaurant tenant rented space in a strip center. The entire property was 82,875 square feet. The “buildingfootprint” and the total leasable area was 21,415 square feet. The restaurant tenant leased 6,281 square feet of the property. In addition to base rent...
Facts: A restaurant tenant’s employee required surgery for a broken wrist that he suffered in a slip-and-fall accident on a spiral staircase, used to access the employee locker room. The employee claimed that the staircase was greasy, and that the steps were worn smooth....
Facts: A shopping center tenant rented space to operate a nightclub. There was an unfinished office building across the street from the center, which the center’s owner told the tenant would be completed the following year. When the office building hadn’t been...
Facts: An owner and a tenant disagreed about which party owned the outdoor advertising sign on top of the building. The owner asserted that the sign is an “improvement and appurtenance” to the building and therefore was conveyed to it when it bought the building. The...
Facts: A business owner slipped on a puddle of oil on the floor of the warehouse space he rented. He sued the trust that owned the property and the trustee (the defendants) for negligent maintenance of the premises and a jury trial was held. The jury ruled in his favor. The...
