Groh v. Kover's Bull Pen, Inc

In Groh v. Kover's Bull Pen, Inc. (1963) 221 Cal. App. 2d 611, the court held there could be no doubt the water leakage through the roof constituted constructive eviction because defendant breached the covenant to repair the exterior walls and roof of the premises. (Groh v. Kover's Bull Pen, Inc, supra, 221 Cal. App. 2d 611, 613-614.) There, the plaintiff entered into a written lease agreement with defendant. By the terms of the lease, defendant specifically undertook to repair the exterior walls and roof of the premises. The roof of the premises leaked during the rainy season each year. Plaintiff gave defendant every opportunity to remedy such condition, and while defendant repeatedly promised the conditions would be fixed, the leakage continued. (Groh v. Kover's Bull Pen, Inc, supra, 221 Cal. App. 2d 611, 614.)