Constructive Eviction Terminates Lease, Despite "Hell or High Water" Clause

July 19, 2009
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In certain frustrating situations, you may be able to terminate your lease, relieving you of your obligation to pay—even if you are bound by a “hell or high water” clause that your owner thought would protect it under any circumstances. That was the outcome of a recent case in which agreements that a tenant signed after its owner mortgaged the property were found to be nonbinding due to problems with the property that constructively evicted the tenant.

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