1985 Robert Street Associates v. Menard, Inc.

OPINION

CRIPPEN, Judge.

This appeal questions whether the trial court abused its discretion in ordering the lessee to forfeit its leasehold in addition to awarding damages for breach of the lease covenant for repairs.

FACTS

Respondent, 1985 Robert Street Associates, is the owner and lessor of commercial property rented by appellant Menard, Inc. Respondent purchased the property in May 1985, subject to the tenancy rights of Me-nard.

Menard first rented the property in 1974. Under the 1974 lease the tenant was responsible for day-to-day maintenance; the landlord was responsible for major repairs. In…