GERSHMAN PROPERTIES, LLC, Plaintiff, vs. METALS USA BUILDING PRODUCTS, L.P., ET AL
Dec 01, 1911OUTCOME: Issue in favor of the landlord and against the tenant.
Commercial lease dispute. At issue is whether the surrender covenant of a lease, which requires the tenant to deliver the premises at the termination of the lease agreement "in the same good order and ... condition as existed at the beginning date of the lease, ordinary wear, natural deterioration beyond the control of the Tenant . . . excepted" modifies the tenant's obligation to maintain the premises "in good repair and condition" during the lease term. Concluding that the obligation to maintain the leased premises "in good repair and condition" operates independent of the surrender covenant and its exception. Issue in favor of the landlord and against the tenant.