Evaluating Commercial Leases Post-'Rohrmoos'

Rohrmoos should encourage lawyers drafting leases, and those in lease disputes, to account for some new practical considerations. The drafting attorney should — if they are not already — include a clause in the lease expressly stating the parties' covenants are independent from one another.

5 minute read November 01, 2023 at 12:09 AM
By
Troy "T.J." Hales and Kimberly A. Cruz
Evaluating Commercial Leases Post-'Rohrmoos'

In 2019, contravening well-settled Texas law, the Texas Supreme Court held that a commercial tenant may terminate a lease based on a landlord's prior material breach of the lease. Rohrmoos Venture v.

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