Lessor could not recover cost of repair damages for lessee’s breach of maintenance and repair obligations when lease had neither expired nor been terminated. Similarly, when lease will be in effect for extended term, lessor may recover waste damages before lease expiration or termination only on showing of substantial and permanent damage resulting in reduced market value.
Bernhardt, Roger, "Avalon Pacific-Santa Ana, L.P. v Hd Supply Repair & Remodel, LLC (2011)" (2011). Publications. Paper 473.