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Dr Joseph Davidow Entered into a Five-Year Lease Agreement with Inwood

Question 98

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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?

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The existence of a breach of the implied...

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