Tenant vs Landlord Case Paper Review - Essay Example

lure to comply fully with all applicable environmental laws, or by reason asserted or actually falling to comply with the provision of the above paragraph. In line to the landlords earlier view, tenant may dispose, handle, use or store those products that contain little quantities of hazardous materials to the extent necessary and for premises use as a general office provided he shall handle, dispose, store, and use them in a lawful and safe manner and does not allow them to contaminate the building, premises, land or the environment.

The definition of a hazardous materials clause comes about. This is because the law places the responsibility of hazardous materials on the owner of the property where it was created, disposed, used, spilled and any other involvement with the material that regards the environment. The landlord should consider what kind of business the tenant is engaging in and the past records in regarding hazardous materials. It would be unfair on the side of the tenant because, even if a lease may be industrial or retail, the tenant has to use general office purpose, and will force him to use some equipment that are regarded by the law as hazardous.

The tenant can bring things that are hazardous but use them without causing harm to the environment. Restricting him not to bring them is absurd. The landlord’s clause is, therefore, unjust to the tenant. The tenant clause is, therefore, good because it considers that the equipments a business or a resident is dealing with may not be totally free of any hazardous materials. It includes that the tenant shall handle, dispose, store, and use them in a lawful, and safe manner, and does not allow them to contaminate the building, premises, land or the environment.

Again the landlord’s clause is limiting the business of the tenant to grow, evolve and transfer from one tenant to another. Being involved in dealing with one thing may lead to the need of complementary goods or services which may be limited