Does mold in that significantly affects your health constitute a casualty in a business lease?

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Does mold in that significantly affects your health constitute a casualty in a business lease?

Asked on May 4, 2011 under Business Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally the portion of the policy that mention casualty means a fire, flood, etc., or other interruption of business claim.  One would need to read your entire lease to see specifically the clause you are referring to.  But very few commercial leases address the issue of mold.  Traditionally landlords try and limit their liability for damages to the interior of the commercial space.   They "allocate" the rise to the tenant.  Additionally, if the type of business is one that may have given rise to the mold condition - like a wet area that is not the result of a "building" condition - then the landlord may not be ultimately responsible for having to rectify the problem even if a lawsuit is brought by the tenant to correct the condition.  Have an attorney review your lease and situation.  Good luck.


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