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Q: A tenant’s space at my shopping center was damaged and I can’t afford to fix it immediately. The tenant is withholding rent, but continuing to operate from an undamaged portion of its store, so I don’t believe that it can claim that it has been “constructively evicted,” which under these circumstances would entitle it to withhold its rent. However, it says that it won’t pay rent again until all of the necessary repairs are made. Can it do this?
