Wesson v. Leone Enterprises, Inc.

In this case, we abandon the common-law rule of independent covenants in commercial leases in favor of the modem rule of mutually dependent covenants as reflected in the Restatement (Second) of Property (Landlord and Tenant) § 7.1 (1977). In applying the role of mutually dependent covenants to the facts present in this case, we conclude that a landlord’s failure to keep the roof of his building in good repair deprived the tenant of a substantial benefit significant to the purpose for which the lease was entered. Consequently, the tenant had the right to terminate the lease and recover…