Tenant Must Abandon Space to Rely on 'Constructive Eviction'

Facts: A national department store tenant withheld its rent and engaged in self-help remedies after the owner of the shopping center repeatedly failed to repair problems with the building, including leaking plumbing and a dilapidated appearance both inside and outside the property. The tenant eventually moved out, alleging that the owner’s actions adversely impacted its business to such an extent that it effectively forced it to abandon the property.