Rent Abatement Mandatory Under 'Self-Executing' Provision

Rent Abatement Mandatory Under 'Self-Executing' Provision



Facts: In April, an owner and tenant signed a lease for retail space in a shopping center that was still under construction. The lease provided that the owner would deliver the property to the tenant in an improved condition specified in the lease by the time the lease was to start, in June. The lease also included a rent abatement provision, stating that the tenant could exercise it if the building wasn't in the promised improved condition when the lease started.

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