Articles

• Getting Past Thompson v. Harris: A New Standard of Constructive Eviction in Arizona

A tenant under a commercial lease (the “affected tenant”) may have a claim of constructive eviction against a commercial    landlord who/which fails to take action to force another tenant who in breach of its own lease (the ‘breach tenant”) causes harm to the affected tenant.  While the commercial lease may state that the landlord is not responsible for the acts of the breach tenant, the court found that once the breach tenant breaches the lease then the landlord has the right and the duty to step in to cure the harm. This comports with the affected tenant’s reasonable expectation to call the landlord, not a lawyer. The affected client complained to the landlord, but the landlord said that it had no power to act under traditional property law because a lease is a “conveyance” of property. The affected tenant lost at the trial court level but prevailed on appeal.