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Davidow v. Inwood North Professional Group-Phase I

Supreme Court of Texas

747 S.W.2d 373 (1988)

Relevant factsFree

Dr. Davidow (defendant) leased office space from Inwood (plaintiff) for a doctor's practice under a lease requiring Inwood to provide air conditioning, electricity, hot water, and maintenance, but the premises suffered from a persistent leaky roof causing mold and mildew, a rodent problem, and unreplaced hallway lighting; with fourteen months remaining on the lease, Davidow vacated and stopped paying rent. Inwood sued for back rent; the trial court found the premises unsuitable for a doctor's office and awarded Davidow moving costs, but the court of appeals ruled Inwood was entitled to back rent, and Davidow petitioned for review.

IssueFree

Whether an implied warranty of suitability applies to commercial leases.

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