Tenant that Waited to Vacate Premises Not 'Constructively Evicted'

March 31, 2008
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Facts: In 2002, a tenant approached the owner about subletting two of its floors to a second tenant. Instead, the owner entered into a separate lease with the second tenant and charged less for rent. The primary tenant was required to cover the difference and be responsible for the full rent if the second tenant defaulted.

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