Tenant's Failure to Install Moisture Controls Cited in Eviction Action

ST. PAUL, Minn. - A commercial tenant's failure to install a moisture control device as required by its lease could not serve as a basis for eviction if the lease also requires the written consent of the landlord for such installations, which was not forthcoming, Minnesota's Court of Appeals has ruled. Lorentz Ebner Real Estate LLC v. Healthcare Waste Solutions Inc., No. A10-914 (Minn. Ct. App.).

The court affirmed a trial court ruling for tenant Healthcare Waste Solutions Inc. on Feb. 8 in an eviction action initiated by Lorentz Ebner Real Estate LLC.

In June 2007, HWS leased a building …