Seoane v. Drug Emporium, Inc.

In this appeal, we consider (1) whether a lease required the landlord to replace the roof and heating and air conditioning units located on the roof (the heating and air conditioning units), and (2) if not, whether the tenant lost its possessory rights by withholding over 24 monthly rental payments in reimbursement of those replacement costs incurred by the tenant.

I

On March 28, 1991, Drug Emporium, Inc. (the tenant) acquired a former tenant’s leasehold rights in retail store space containing approximately 30,000 square feet in the Merrifield Plaza Shopping Center in Fairfax County. The…