In the realm of commercial leasing, the fine print of contracts can often hold significant consequences for both landlords and tenants. One area where contention often arises is with exculpatory clauses, which routinely aim to absolve landlords from responsibility for injuries or damages suffered by tenants or third parties, even if those harms result from the landlord’s negligence or failure to maintain premises adequately. However, the efficacy of exculpatory clauses becomes blurred when confronted with hazards such as asbestos, a notorious carcinogen found in many older commercial buildings, including some retail properties.
Hunton Andrew Kurth real estate lawyers Fawaz A. Bham and Javier De Luna discuss with Law360 the implications this has for landlords and tenants, including what steps they can take to improve their position.