Defect Must Be Latent to Defeat As-Is Lease

March 31, 2014
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Facts: The state health department forced a frozen yogurt shop tenant to suspend its operations until the waste water system for its space in a strip mall complied with state requirements. The tenant, who was unaware that its water system was inadequate, complained to the owner, who asserted that it was the tenant’s responsibility to bring the system into compliance at its own cost.

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