Tenant Didn't Have to Pay Expenses for Out-of-State Surveyor

Tenant Didn't Have to Pay Expenses for Out-of-State Surveyor



Facts: A bookstore tenant filed for bankruptcy. During the bankruptcy proceedings regarding whether its lease would be rejected or assumed, the owner sent the tenant a notice requesting access to the tenant’s space to perform an “as-built” survey of the space to determine whether it was structurally sound in case of an earthquake or needed work to make it so. The tenant refused access to the space, which resulted in the owner incurring additional costs. The owner asked the bankruptcy court to award it those costs and the cost of the surveyor.

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