Owner Not Responsible for Third-Party Disturbance of Tenant

Owner Not Responsible for Third-Party Disturbance of Tenant



Facts: A shopping center tenant rented space to operate a nightclub. There was an unfinished office building across the street from the center, which the center’s owner told the tenant would be completed the following year. When the office building hadn’t been finished by then, the tenant reduced its rent payments, which were accepted by the owner, for several months in a row and sued the owner, asserting that criminal activity in the unfinished office building and parking lot caused it to lose business.

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