Commercial Real Estate / Business Litigation
Commercial Real Estate tenant counterpunch in $800k rook leak suit.
Our Firm represented a commercial tenant who had recently moved into a luxury downtown San Diego office space. Upon taking possession of the property, the tenant discovered a substantial roof leak that was not disclosed prior to entering the lease. After the leak failed to be remedied, the tenant eventually vacated the property after several months and two years before the end of the term of the lease.
In response, the landlord filed suit alleging breach of the commercial lease and the client faced a claim of over $800,000. Our Firm counterpunched with a cross-complaint alleging, among other things, fraud and negligence related to the failure to disclose and remedy the roof leak.
After extensive discovery, the addition of multiple other parties, and investigation into the extent of the roof leaks, our Firm was able to negotiate, via mediation, a global settlement wherein the Firm’s client was able to avoid the $800,000 claim from the landlord and simply forgo its initial security deposit.