Magistrate Judge Finds Defendants Not Responsible For Holdover Rent During Cleanup

Magistrate Judge Finds Defendants Not Responsible For Holdover Rent During Cleanup

SAN JOSE, Calif. - Defendants accused of breaching the terms of subleases on a property in San Jose by allegedly retaining possession of the premises during remediation of contamination caused by the storage of diesel fuel tanks are not responsible for holdover rent, a federal magistrate judge in California ruled Aug. 13, finding that the cleanup activities occurred where the tanks were stored outside the building rather than the space that could be rented (Silicon Valley Telecom Exchange LLC v. Verio Inc., et al., No. C12-00899, N.D. Calif.; 2013 U.S. Dist. LEXIS 114379).

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