Failure to Provide Leak-Free Roof Constitutes Breach

February 1, 2009
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Facts: Shortly after signing a lease, the tenant experienced significant leaking from the roof of her building. After several attempts by the owner to fix the leaking roof and an eventual roof replacement, the tenant moved back into the space. Another storm caused additional water damage and made the space uninhabitable. The tenant moved out and sued the owner, alleging that the lease required it to provide a serviceable, leak-free roof. The circuit court ruled in favor of the tenant.

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