You cannot always get what you want, but in court sometimes, you get what you need.  Such was the case recently in a landlord-tenant dispute on a commercial property.

The Tenant was paying rent; the Landlord was not cashing the checks.

When the Landlord leased the space, he did not realize there was a restriction against the Tenant’s business.  While the lease between them stated to only use this property for Purpose A, the Covenants and Restrictions stated that the property could not be used for Purpose A.  After the build out of the space, the Property Owner drove by and saw the problem.

It was a mutual mistake.  The issue was that there was no adequate remedy under the law to fix it.

Both sides were deeply prepared, and the case was argued well.  The facts came out, and the Judge figured out what to do:  he got the two sides to make a deal.  They agreed to a rescission, the Tenant kept his money from rent, and the Tenant got 90 days to move out.

Something was going to happen one way or the other, and this gave the Tenant closure, which was the right thing for the Tenant.