Reference no: EM133375642
Case Study: In the course of your factual investigation of Ms. Lamb's claim, you obtain the lease between the dental office and the landlord of the building, Antebi Properties. Without producing the entire lease here, by way of summary, Antebi Properties agreed to repair and maintain the exterior of the building, the entry and exit doors, all windows and the parking lot and sidewalks. Everything else on the interior of the building is to be kept in good repair by the tenant, Eastern Dental of Vineland.
One lease provision provides in part:
Repairs:
With no exception, Tenant at its expense shall promptly make all interior repairs, and perform all maintenance, in and to the Leased Premises that are necessary or desirable in order to keep the Leased Premises in good order and repair and in a safe, dry and tenantable condition.
With no exception, Landlord at its expense shall promptly make all exterior repairs, and perform all maintenance, in and to the exterior of the Leased Premises that are necessary or desirable in order to keep the Leased Premises in good order and repair and in a safe, dry and tenantable condition.
You learn that approximately one year prior to Lori's accident, Antebi had the roof replaced by a company in Bridgeton named Martino Roofing. Martino supposedly gave Antebi a warranty for ten years. You further learn that after the accident was reported to Antebi by Eastern Dental, Martino Roofing was called out by Antebi and repaired the roof leak in question.
Questions:
You also review the Model Civil Jury charge on the duty of landlords to commercial tenants (next tab).
How does the information about the roof and the jury charge change or relate to your assessment of and plan for the claim?