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Property Law Keyed to Dukeminier
Village Commons, LLC v. Marion County Prosecutor’s Office
Citation:
882 N.E.2d 210Facts
The Marion County Prosecutor’s Office (“MCPO”) (defendant) leased the basement of an Indianapolis building. The leased premises was to be used by MCPO’s Grand Jury Division as its office and evidence storage space. Under the lease’s provisions, MCPO’s landlord (defendant) was required to maintain the premises’ equipment (i.e., elevators, plumbing, and heating) and to maintain the premises in good order. In the event of a breach, under an exclusive remedy provision, MCPO was not entitled to terminate its lease or withhold rent. Over time, there were several leaks, water intrusions, and mold contamination in the building that damaged boxes of evidence. MCPO vacated the premise and stopped paying rent to their landlord, who brought suit.
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