Lease Expressly Disclaimed Obligation to Replace Roof

October 30, 2011
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Facts: A tenant rented commercial space out of which to run its metal refinishing business. The space had a leaky roof. The lease between the tenant and owner stated that the property would be leased “as is, where is.” But in an email sent prior to the execution of the lease, the owner stated it would “talk about” repairing the roof after the first year of the lease term.

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