Dennison v. Marlowe
New Mexico Supreme Court
744 P.2d 906, 106 N.M. 433 (1987)
- Written by Whitney Kamerzel , JD
Facts
Eva Dennison (the landlord) (defendant) leased a restaurant and bar to Steve and Patty Marlowe (the tenants) (plaintiff) for five years for $800 per month. The lease stated that the landlord would maintain the roof, plumbing, and exterior of the house, that the tenants agreed to follow all laws, that the tenants were taking the property as is, and that any repairs or alterations added to the property by the tenants must remain with the property permanently. Before moving into the property, the tenants had the fire department inspect the property, and no code violations were found. After leasing the property for one year, the tenants received a cease-and-desist letter from the fire marshal requiring the remedy of several fire-code violations, including the addition of a sprinkler system. Because the alterations were estimated to cost $15,000, the tenants sued the landlord to pay for them. The trial court dismissed the tenants’ claim, and the tenants appealed.
Rule of Law
Issue
Holding and Reasoning (Sosa, J.)
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