Work Contemplated By Lease: Not An Actual Or Constructive Eviction

Fieldstone Capital (landlord) filled a summary (non-payment) proceeding against Ryan & Conlon (tenant). And Ryan & Conlon asserted that it did not owe rent because the firm had been partially evicted, actually or constructively, from its 7^th floor office as a result of common area renovation work done by Fieldstone.

Paragraph 4 of the governing commercial lease agreement authorized Fieldstone to make “repairs, alterations, additions or improvements” in or to any portion of the building or demised premises, with “no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business” arising from these acts. The provision also provided that Ryan & Conlon was not entitled to “any set off or reduction of rent” due to landlord’s failure to comply with any covenant of the lease, and that tenant’s “sole remedy” at law was an action for breach of contract.