Health Code Violations Don't Relieve Rent Obligation

August 31, 2008
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Facts: The tenant and owner entered into a lease agreement containing a provision that relieved the tenant from paying the rent and other charges during the lease term if the premises were unfit for occupancy.

Several months into the lease, the owner was informed that the premises had a leaky roof, and hired a contractor to fix the leak. After the work was completed, the city's health department inspected the building, found numerous code violations, and closed the tenant's space.

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