Bell Nunnally associates Troy “T.J.” Hales and Kimberly A. Cruz authored the Texas Lawyer article “Grappling With the Confusing Holding of Rohrmoos for Landlord-Tenant Law,” breaking down the 2019 Texas Supreme Court’s decision in Rohrmoos Venture v. UTSW DVA Healthcare, LLP, relating to the remedy of recission in a commercial lease.
In their article, Hales and Cruz unpack Rohrmoos’ apparent collapsing of the distinction between the implied warranty of suitability in a commercial lease and a material breach of lease and offers insight into what both transactional and litigation lawyers should consider in evaluating commercial leases post-Rohrmoos.
Hales and Cruz explore in detail issues in Rohrmoos relating to landlord and tenant rights. They suggest, for example, that attorneys handling commercial lease disputes post-Rohrmoos should carefully review the lease and amendments for ‘AS IS’ clauses, independent covenant provisions, definitions of materiality, breach and remedy provisions, and limitations on termination.
They conclude by commenting that much remains to be seen in the application of Rohrmoos going forward and that courts will hopefully provide additional guidance on the Court’s confusing foray into the remedy of lease recission.
To read the full article, please click here.