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Facts: A bank leased space for its branch in a retail center. Over the course of several years, the tenant experienced sewer backups and other plumbing problems. It repaired these problems without giving notice to the landlord. After the tenant suspected that water damage had led to mold in the space, it hired a mold inspection company. The tenant contacted the landlord, informing it of the mold issue and terminating its lease effective immediately. According to the tenant it had been “constructively evicted” because of the mold hazard.
