Ambiguous Lease Interpreted Against Drafter

June 27, 2014
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Facts: An office tenant’s lease contained two conflicting provisions regarding the time frame in which the owner was required to fix damage to the tenant’s space. After a roof collapse led to flooding and damage that forced the tenant out of its space temporarily, the tenant—under one lease provision—demanded that the owner fix the damage within 30 days or allow the tenant to terminate its lease. The owner argued that a second lease provision gave it 90 days to fix the damage. The tenant moved out. The owner sued the tenant for breaching its lease.

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