Dr. Joseph Davidow entered into a five-year lease agreement with ...

[ap345]

Dr. Joseph Davidow entered into a five-year lease agreement with Inwood for medical office space. The lease required Dr. Davidow to pay Inwood 793.26 per month as rent. The lease also required Inwood to provide air-conditioning, electricity, hot water, janitor and maintenance services, light fixtures, and security services. Shortly after moving into the office space, Dr. Davidow began experiencing problems with the building. The air conditioning did not work properly, often causing temperatures inside the office to rise above 85 degrees. The roof leaked whenever it rained, resulting in stained tiles and rotting, mildewed carpet. Patients were directed away from certain areas during rain so that they would not be dripped upon in the waiting room. Pests and rodents often infested the office. The hallways remained dark because hallway lights were unreplaced for months. Cleaning and maintenance were not provided. The parking lot was constantly filled with trash. Hot water was not provided, and on one occasion Dr. Davidow went without electricity for several days because Inwood failed to pay the electric bill. Several burglaries and various acts of vandalism occurred. Dr. Davidow finally moved out of the premises and discontinued rent payments approximately 14 months before the lease expired. Inwood sued Dr. Davidow for breach of contract. Could Inwood recover? Does Davidow have any defenses?

Question 2

An LLC is essentially identical to a subchapter S corporation.
  Indicate whether the statement is true or false

[momolu]

Answer to Question 1

The existence of a breach of the implied warranty of suitability in commercial leases is usually a fact question to be determined from the particular circumstances of each case. Among the factors to be considered when determining whether there has been a breach of this warranty are: the nature of the defect; its effect on the tenant's use of the premises; the length of time the defect persisted; the age of the structure; the amount of the rent; the area in which the premises are located; whether the tenant waived the defects; and whether the defect resulted from any unusual or abnormal use by the tenant.
The jury found that Inwood leased the space to Dr. Davidow for use as a medical office and that Inwood knew of the intended use. The evidence and jury findings further indicate that Dr. Davidow was unable to use the space for the intended purpose because acts and omissions by Inwood rendered the space unsuitable for use as a medical office. The jury findings establish that Inwood breached the implied warranty of suitability. Dr. Davidow was therefore justified in abandoning the premises and discontinuing his rent payments. Davidow v. Inwood North Professional Group - Phase I, 747 S.W.2d 373 (Tex. 1988).

Answer to Question 2

FALSE

[ap345]

Thank you

[momolu]

Happy to help you