Hotel owner fights mold infestation lawsuit

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George Burnett, doing business as Beau Monde Perfumes, leased gift shop space at the Chimney Sweep Inn. After several complaints to the hotel owner about the smell of mold in the leased store space, Burnett filed a lawsuit against the landlord and the property manager for premises liability, general negligence, breach of contract, negligent maintenance of the premises, negligent maintenance of a nuisance, intentional infliction of emotional distress, and conversion. He alleged he was unable to conduct business because of the excessive moisture and growth of mildew and mold in the leased space. Purchase Bob Bruss reports online. The landlord, Chimney Sweep LLC, and the property manager pointed to the "exculpatory clause" in the lease that says the landlord shall not be liable for damage or injury due to fire, steam, electricity, gas, water, rain, breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires and air conditioning. The lease also says: "Notwithstan...