DAVIDOW, PETITIONER V. INWOOD NORTH PROFESSIONAL GROUP, RESPONDENT. Supreme Court of TX, 1988. 747 S.W.2d 373 by JohnMValentine

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									PROPERTY DAVIDOW, PETITIONER V. INWOOD NORTH PROFESSIONAL GROUP, RESPONDENT. Supreme Court of TX, 1988. 747 S.W.2d 373. History: Inwood sued Davidow for unpaid rent on medical office spaced leased by Davidow; jury found Inwood materially breached lease agreement and defects rendered office space unsuitable for medical office; trial court rendered judgment that Inwood take nothing and Davidow recover damages; Court of Appeals reversed trail court judgment and rendered judgment Inwood recover unpaid rents for remainder of lease period and Davidow take nothing Facts: Davidow had 5-year lease w/Inwood for medical office space; lease required Davidow to pay rent and provide ac, electricity, hot water, janitor/maintenance, light fixtures, and security; shortly after moving in, Davidow had problems like: ac didn’t work, roof leaked, pests/rodents, hallway lights unreplaced; parking lot filled w/trash, hot water not provided, one time went w/out electricity b/c Inwood didn’t pay bill Issue(s): Whether there is an implied warranty by a commercial landlord that the leased premises are suitable for their intended commercial purpose. Holding: Court of appeals judgment awarding Inwood damages is reversed and judgment is rendered that Inwood take nothing Analysis: Many recognizing similarities between residential and commercial tenants and applying residential warranties to commercial property; Cannot be assumed commercial tenants are more knowledgeable about quality of structure than residential tenants Court holds there is an implied warranty of suitability by the landlord in a commercial lease that premises are suitable for their intended commercial purpose Facts to be considered for a breach of warranty of suitability: nature of defect, its effect on tenant’s use of premises, length of time defect persisted, age of structure, amount of rent, area where premises is located, whether tenant waived defects, and whether defect resulted from tenant’s unusual or abnormal use


								
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