Gehrke v. General Theatre Corp.
Nebraska Supreme Court
298 N.W.2d 773 (1980)
General Theatre Corp. (defendant) leased a theater from the Gehrkes (plaintiffs) under a lease requiring the landlord to maintain the roof and exterior while the tenant handled interior alterations and necessary repairs. General vacated after a large section of ceiling began sagging dangerously, blaming the Gehrkes for allegedly breaching the roof-maintenance covenant, though evidence showed the ceiling's underlying metal support had been improperly installed originally, unknown to either party. The Gehrkes sued for unpaid rent, and the trial court found the lease imposed the interior-repair duty on General and that the Gehrkes hadn't breached any covenant; General appealed.
Whether, absent an express agreement to the contrary, a landlord is obligated to warrant the fitness of, or make repairs to, leased premises.