Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Commercial Leasing Law & StrategyColumns & DepartmentsCommercial LitigationLandlord Tenant LawLitigation

Case Notes

By ssalkin
September 01, 2018

Tenant Improvement Does Not Shift Repair Responsibility Away from Landlord

A California appeals court has upheld the finding of a special master that the property owner must bear the costs of repairing a roof that had reached the end of its useful life even though there was some indication that a pool built by the tenant created additional stress to the roof and the terms of the parties' lease provided that damage to the premises caused by tenant improvements would be paid for by the tenant. Fitness Int'l v. Monterey Prop. Assocs. Anaheim, LLC, 2018 Cal. App. Unpub. LEXIS 5053 (7/25/18).

The defendant landlord, Monterey Property Associates Anaheim, LLC, was the successor in interest to a lease entered into in 2001 between the predecessor landlord and the LA Fitness gym operator. The lease required the tenant to make “any repairs necessitated by … improvements made by or on behalf of the Tenant.” One improvement, made during the pre-lease term buildout phase, was the installation of a pool for the use of the tenant fitness club's members.

This premium content is locked for Commercial Leasing Law & Strategy subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.