SMALL BUSINESS FOCUS: LANDLORD LIABILITY FOR THIRD PARTY ACTIONS (The Second in a Series of Articles)

In our first article, we discussed the landlord’s actions or inactions that can trigger constructive eviction, giving the tenant a defense in court against a landlord’s suit for unpaid rents.  This article discusses a landlord’s liability when a third party causes problems, or creates the conditions leading to the tenant’s constructive eviction.

Can the commercial tenant successfully plead constructive eviction or prevail against a claim for unpaid rents if another tenant interferes with your business operations?…  

CONSTRUCTIVE EVICTION IN COMMERCIAL LEASES: Legal Standards Review

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CONSTRUCTIVE EVICTION IN COMMERCIAL LEASES

LEGAL STANDARDS REVIEW

As a defense in an action by a landlord for breach of lease and rents, tenants may assert constructive eviction and breach of an express (or implied) covenant of quiet enjoyment. These two defenses may be invoked together. “Constructive eviction, like actual eviction, is a violation of the covenant of quiet enjoyment implied in leases.” Whole Foods Mkt.…  

SMALL BUSINESS FOCUS: Constructive Eviction in Commercial Leases

Most residential renters know that in the District of Columbia (DC) they have a warranty of habitability and right to quiet enjoyment of their homes implied by law in every residential lease. These rights allow them to stop paying rent and vacate the property when the landlord’s failure to make repairs renders their home uninhabitable. If the landlord sues them for rent payments, the tenant can assert a “constructive eviction” defense to avoid paying the rent and in some cases, even ask for money damages, if, for example, there is damage to personal property.…