Owner's Misrepresentation Justified Lease Termination

August 15, 2012
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Facts: A fast-food restaurant signed a five-year lease with the owner of a building that had been used previously for a similar restaurant. Under the lease, the owner represented and warranted to the tenant that there were no existing restrictions, building and zoning ordinances, or other laws or requirements of any governmental authority that would prevent the use of the premises for the tenant’s purposes. The lease also provided that any misrepresentation or breach of such warranty would entitle the tenant to terminate the lease.

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