Chapter 11: Property and Conveyancing

PROPERTY §l.l.Landlord and tenant: Covenant to repair.Leases of industrial and commercial property, when the lease is of the entire premises, commonly contain a covenant obligating the lessee to make repairs to the demised premises.Actions by l~ssors to recover damages for breach of these covenants are relatively rare.Controversies between the parties with respect to the condition of the premises are more likely to arise after the expiration of the term and then the lessor's claim for damages is usually based upon alleged breach of the standard redelivery covenant.1 The recent oase of CorbetJ v. Derman Shoe Co.,2 involving an action "'.by the lessors to recover damages for breach of a repair covenant, contains an exceptionally thorough and valuable discussion of the mean-CORNELIUS J.