Commercial Landlord-Tenant—Landlord Did Not Breach the Implied Covenant of Good Faith and Fair Dealing By Advertising “Retail Space Available” and Allowing Brokers and Prospective Lessees to Enter the Premises
A landlord sued the defendant owners of a retail store, for, inter alia, more than $2 million in past due rent and real estate taxes, alleging that the defendants guaranteed the tenant’s obligations pursuant to a lease and a “limited guarantee.” The guarantee provided that each defendant “jointly and severally unconditionally guarantees to landlord,…, the full and prompt payment of all amounts payable by tenant and the full and timely performance…of all the covenants, terms, conditions and agreements therein provided to be performed and observed by tenant under the lease.” The subject decision involved the defendants’ request for discovery.
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