In this Law360 article, TDR Attorneys Brian Haussmann, Amanda Catalano, Amie Bauer, and Jonathan Kim analyze the key considerations for commercial tenants withholding rent. The article emphasizes how important it is for businesses and their advisors to understand the rights of commercial tenants and landlords, particularly whether and when a commercial tenant may withhold rent to offset losses cause by a landlord’s breach of the lease. It explores how every state has its own substantive legal considerations and its own eviction court procedures and cautions that understanding these considerations will likely make all the difference in most commercial lease disputes.
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