Fall 2000, Vol 25, No 3

Abstract: Most jurisdictions have adopted an implied warranty of habitability in residential real property leases. However, only a handful of jurisdictions have extended similar protections to the commercial tenant. Texas has been at the forefront of the evolution of implied warranties of suitability for a particular commercial purpose in the commercial real estate lease. This manuscript details the evolution of implied warranties in commercial real estate leases, focusing on Texas law, and contends that the implied warranty of suitability for a particular commercial purpose, as determined by the Texas Supreme Court, applies to non-physical defects as well as to physical defects.