SMALL BUSINESS FOCUS – LANDLORD LIABILITY FOR THIRD PARTY ACTIONS – D.C. COURT DECISIONS

The DC Court of Appeals has consistently stated that the legal standard to hold a landlord liable for third party actions requires some obligation or duty breached by the landlord connected to the third party’s acts or failure to act in order to sustain a claim asserting a constructive eviction defense or obtain relief for unpaid rents.…  

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.…