Davidow v. Inwood North Professional Group-Phase I,

747 S.W.2d 373 (1988)

Facts

Inwood (P) sued Davidow (D) for unpaid rent on medical office space that D leased from P. D had a five-year lease with $793.26 per month in rent. The lease required P to supply air conditioning, electricity, hot water, janitor and maintenance services, light fixtures and security services. Shortly after moving into the premises, D began to experience problems with air conditioning, the roof leaked and pests and rodents infested the office. Cleaning and maintenance were not provided, and the parking lot was constantly filled with trash. Hot water was not provided, and D went days without electricity because P failed to pay the bill. After several burglaries, D finally moved out with 14 months remaining on the lease. The jury found that P breached the lease and that P had warranted that the offices were suitable for medical offices and that P had breached that warranty. P appealed. The court of appeals reversed; P's covenant to repair was independent of D's covenant to pay rent and the implied warranty of habitability does not apply to commercial leases. D appealed.