Shift Liability to Owner for Cause and Effect of Mold

Shift Liability to Owner for Cause and Effect of Mold



When a national furniture retailer recently found mold in several of its store locations, it looked at the lease for each building to see if the owner was responsible for remediation. But it learned that, although most of its owners were responsible for water penetration into the spaces, they were not responsible for its effects—including mold growth—because those problems were not clearly defined in the lease as conditions the owners were obligated to fix.

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