Wow... now that looks bad until you do the research on the property and learn details. First, I commend our new president for foreclosing on his son! That takes a tough guy. Now let us get to the heart of the problem.... is a landlord responsible for
potential pollution created by a tenant? As a landlord, I have had problems with tenants who were hoarders, one horded animals. The property went from a nice home to one that I wanted to just tear down and rebuild. Was I responsible for the condition caused by my tenant? She created living conditions that was unsafe and was a potential hazard to the health of the woman and the animals. (I did not take her to court or anything because she needed help, which I made sure she got at my expense). But, the question remains, was I responsible? No.
In January 2013, Saint-Gobain agreed to rent most of the warehouse space at Titan Global Manufacturing (later Titan Atlas Manufacturing) at 4280 Pace St., which is off of Azalea Drive near Leeds Avenue. Trump Jr. was a Titan partner.
By April 2014, roof leaks had appeared, and were damaging Saint-Gobain’s product, according to the complaint.
Now then South Carolina was struck in October with a 1,000-year rainfall event, a weekend of heavy rain that caused flooding across a wide swath of the state.
Saint-Gobain has a North Charleston facility where it manufactures a “chopped fiber glass strand product” used as a moisture barrier in roofing shingles. But if the raw product gets wet, it “becomes unsalable and unmarketable” according to the legal claim.
http://www.postandcourier.com/business/suit-targets-trump-firm-ex-tenant-in-n-charleston-seeks/article_5b19ca6d-9204-5a6d-987e-474185d6afbb.htmlHere is my take, the roof leaks should have been attended to without hesitation. So, the tenant has, in my opinion, a legitimate complaint for recovery of lost product. And if there is pollutants, from the fiberglass business, then the tenant is liable for the clean up. As for the petition to the state, this is pretty straight forward, did the Trump empire own the property .... yes. Did they oversea the Saint Govain manufacturing.... no. Did they, the Trumps, have holding in the company....no. Therefore, the petition was not wrongfully requested. This is a landlord/tenant issue and due to the roof leaking, the landlord "must ensure that the building is structurally sound, provide hot and cold water, ensure that the roof is not leaking, and keep the plumbing, electrical and heating systems all in safe operating condition." The tenant has a right to relief if the landlord is notified and there is material loss. And if repair is not done, the tenant has a right to vacate the lease. However, the landlord is entitled to require the tenant to clean up the property or pay for such clean up.