Bass v. Wollitz

ROBERT P. SMITH, Jr., Judge.

The tenant appeals from a money judgment for unpaid rent, entered for the landlord after a nonjury trial. The five-year commercial lease required the landlord to maintain the roof of the building and required the tenant to maintain all other parts of the premises. Throughout the tenant’s four-year occupancy, portions of his restaurant flooded after heavy rains because of leaks which the tenant complained were through the roof and the landlord insisted were through the walls.1 The tenant withheld rent payments after the tenth month of the fourth year of the lease,…