Question
Emily leased a commercial building from Ginny for one year beginning January 1, 2018, with a plan to use the premises for a machine repair
Emily leased a commercial building from Ginny for one year beginning January 1, 2018, with a plan to use the premises for a machine repair shop. Emily moved expensive equipment into the building and began accepting engines into the shop for repair. In February 2018 the rainy season arrived, and Emily discovered that water was pouring in through the roof of the building where Ginny had previously attempted to repair the leaks by installing plastic tarp. Assuming there is no repair clause, who is liable for any building damage caused by the leak?
Select one:a. Ginny, but only if the leaks caused the premises to be unfit for human habitation.b. Emily, because she is the one in possession of the commercial building.c. Emily, but only if she committed permissive waste.d. Ginny, because she has an implied duty to repair the roof in a commercial tenancy.
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