Wesson v. Leone Enterprises, Inc.

Leone Enterprises (defendant) leased commercial space from Wesson (plaintiff) for five years; after persistent roof leaks that Wesson unsuccessfully tried to fix throughout 1991, Leone vacated by year's end, having paid rent through the full year. Wesson sued for breach, and Leone counterclaimed for constructive eviction; the trial court found no breach because Leone was constructively evicted, or alternatively that Leone could lawfully withhold rent under a dependent-covenants theory since Wesson failed to provide the promised dry space, and Wesson appealed.

Whether a commercial tenant may terminate its lease when a landlord's act or omission breaks a lease promise that was a significant inducement for the lease, and the landlord fails to perform within a reasonable time after being asked, without the tenant needing to show the premises became unfit for their leased purpose.