Protecting Commercial Landlords with Exculpatory Lease Clauses

February 2005 Commercial landlords should be aware of a recent California case involving an exculpatory clause in a commercial lease. In Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, the tenant claimed that the landlord was negligent in dealing with a mold problem at the property.  The landlord argued that even if it …