Questione giuridica chiave
Whether the appeal court properly found a lease defect and granted a 5% rent reduction for obstructed access to the premises.
Decisione estratta
The record was insufficient to decide whether the tenant could legitimately expect use of the access road as a common installation; the case had to be remanded for clarification.
Motivazione estratta
A defect exists only if the condition diverges from the use legitimately expected under the lease. The appellate court had not clarified whether, when contracting, the tenant could in good faith assume the road was a common access usable for brief stopping or whether it was reserved to a third party.