Real Estate Law
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Do you have any witnesses who could testify to the sewer gas being present during the first 18 months of your tenancy?
The short answer is that if you can prove that the sewer gas was present, that it negatively affected your business, that you complained to the landlord who did nothing, and that under the lease agreement, the landlord was responsible for maintaining the plumbing, then you can sue for breach of lease and recover your lost profits, and/or the diminished value of the rent during the 18 months that the sewer gas was present.
This case is all about the facts and your ability to prove them. If you can, it's a slam dunk case, and you ought to be able to hire a lawyer to pretty much force a settlement, because the landlord will not win this case.
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