Tenant Can't Claim Constructive Eviction While Occupying Space

Facts: A video rental store tenant stopped paying rent after the shopping center’s owner hung “Retail Space for Lease” signs in the windows and invited real estate brokers and potential lessee’s to tour the space. The tenant claimed that the owner’s actions decreased its sales and discouraged customers from coming into the store. It also asserted that the signs made its creditors concerned about the financial health of the business and some of them stopped doing business with the tenant. The tenant sued the owner.

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