DAVIDOW V. INWOOD NORTH PROFESSIONAL GROUP-PHASE I
747 S.W.2d 373 (1988)
NATURE OF THE CASE: This was a dispute over an implied warranty for intended commercial
usage.
FACTS: Inwood (P) sued Davidow (D) for unpaid rent on medical office space that D leased
from P. D had a five-year lease with $793.26 per month in rent. The lease required P to
supply air conditioning, electricity, hot water, janitor and maintenance services, light
fixtures and security services. Shortly after moving into the premises, D began to
experience problems with air conditioning, the roof leaked and pests and rodents infested
the office. Cleaning and maintenance were not provided and the parking lot was constantly
filled with trash. Hot water was not provided and D went days without electricity because P
failed to pay the bill. After several burglaries, D finally moved out with 14 months
remaining on the lease. The jury found that P breached the lease and that P had warranted
that the offices were suitable for medical offices and that P had breached that warranty. P
appealed. The court of appeals reversed; P's covenant to repair was independent of D's
covenant to pay rent and the implied warranty of habitability does not apply to commercial
leases. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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