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CA Supreme Court Upholds Co-Tenancy Clause

The Supreme Court of California determined that the landlord held the requisite control under the associated lease agreement with the co-tenant because that co-tenant was located on property owned by that landlord. The court made a clear distinction between that scenario and the situation where a co-tenant is located on property owned by an unrelated third party.

8 minute read April 01, 2025 at 12:09 AM
By
Joseph P. Heins and Jocelyn C. Ng
CA Supreme Court Upholds Co-Tenancy Clause

The Supreme Court of California recently upheld the validity of the co-tenancy clause of a retail lease and its alternative rent structure in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, No.

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