Mall Has Duty to Repair Roof

Facts: In December 2005, Quincy Mall sued Kerasotes Showplace Theatres to recover alleged unpaid rent due under the commercial lease. In May 2008, the trial court ruled in favor of the theatres.

The owner argued that it was not its responsibility to replace the tenant's roof and that the tenant should not be allowed to offset the cost of the roof replacement against its rent.

Decision: The appeals court upheld the trial court's ruling in favor of the tenant.

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