Q: Commercial tenant breach of lease-
Commercial Tenant moved out before lease ended. Landlord is suing tenant for breach of lease agreement. However.. 1 month after tenant moved out landlord submitted an application to the borough for a new zoning permit to put another type of business in the building along with an application to the zoning hearing board for interpretation to open his own business as a flea market building. 4 months later landlord withdrew his application to the town. Is tenant still responsible for the entire 8 months rent for the breach of lease or only up until the time landlord submitted an application for zoning permit?
A: Unless the lease indicates that the landlord's application to change the use of the premises causes a default or termination of the lease (which is unlikely), it is doubtful that a court would hold that the tenant is not responsible for the remainder of the lease merely because of the landlord's application to the Township for a different use of the property. Landlord could have been looking at its options several months before the end of the lease with the tenant.
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