Lessor Liability for Post-Lease Structural Failure Causing Business Interruption

A lessee sued the lessor for damages, alleging that a building's instability, due to the lessor's failure to perform necessary structural repairs, prevented the intended use of the premises for a business activity and forced a closure. The court of appeal, while finding the instability was not due to a defect existing at the time of the lease, nonetheless held the lessor liable, reasoning that the lessor had a pre-existing legal obligation to ensure the stability and habitability of the building, the non-performance of which constituted a fault leading to the lessee's prejudice. The higher court upheld this decision, confirming that the lessor's failure to maintain the structural integrity of the leased property, even if not an underlying defect from the start, constituted a breach of their obligation as a landlord, justifying an award of damages to the tenant.