Tenant Had Possession of Property Despite Not Moving In

What Happened: A medical clinic signed a multi-year lease on a three-story building requiring major renovations. After faithfully paying monthly rent for two years, the clinic stopped making its rent payments. The landlord sent a default notice giving the clinic five days to cure. But the clinic denied any liability since it never actually took possession of the premises and asked the court to dismiss the landlord’s eviction suit. The court refused and granted judgment in the landlord’s favor. The clinic appealed.