Rent Abatement Was Unreasonable Penalty on Owner

Rent Abatement Was Unreasonable Penalty on Owner



Facts: A shopping center owner sued one of its tenants, challenging the enforceability of lease provisions conditioning the tenant’s obligation to open a store and pay rent on a specific retailer operating a store in the center on the commencement date of the lease. It also challenged the tenant’s option to terminate the lease if the retailer ceased operations and was not replaced by another, acceptable retailer within 12 months.

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