Does mold in that significantly affects your health constitute a casualty in a business lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does mold in that significantly affects your health constitute a casualty in a business lease?
Asked on May 4, 2011 under Business Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally the portion of the policy that mention casualty means a fire, flood, etc., or other interruption of business claim. One would need to read your entire lease to see specifically the clause you are referring to. But very few commercial leases address the issue of mold. Traditionally landlords try and limit their liability for damages to the interior of the commercial space. They "allocate" the rise to the tenant. Additionally, if the type of business is one that may have given rise to the mold condition - like a wet area that is not the result of a "building" condition - then the landlord may not be ultimately responsible for having to rectify the problem even if a lawsuit is brought by the tenant to correct the condition. Have an attorney review your lease and situation. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.