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?
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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