K & S ENTERPRISES v. Kennedy Office Supply Co., Inc.

TIMMONS-GOODSON, Judge.

On 12 April 1993, K&S Enterprises, Inc. (“plaintiff’) leased property to Kennedy Office Supply Company, Inc. (“defendant”) for the operation of defendant’s retail office supply business. The term of the written lease prepared by plaintiff and executed by the parties was four (4) years, beginning 12 April 1993 and ending 11 April 1997, at a rental rate of $2,450.00 per month.

The roof of the building leaked before defendant took possession, and plaintiff was aware of this condition. On roughly five (5) occasions prior to leasing the building to defendant, plaintiff had…