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MASON-McDUFFIE REAL ESTATE v. VILLA FIORE

No. 61233.

335 P.3d 211 (2014)

MASON-McDUFFIE REAL ESTATE, INC., A Nevada Corporation d/b/a Prudential Nevada Realty, Appellant, v. VILLA FIORE DEVELOPMENT, LLC, A Nevada Limited Liability Company, Respondent.

Supreme Court of Nevada.

October 2, 2014.

Attorney(s) appearing for the Case

Olson, Cannon, Gormley, Angulo & Stoberski and Michael E. Stoberski and Matthew A. Cavanaugh , Las Vegas, for Appellant.

Fahrendorf, Viloria, Oliphant & Oster, LLP, and Patrick R. Millsap , Reno, for Respondent.

BEFORE PICKERING, PARRAGUIRRE and SAITTA, JJ.

OPINION

By the Court, PARRAGUIRRE, J.:

In this appeal, we are asked whether a commercial tenant may be constructively evicted without first providing the landlord notice of and a reasonable opportunity to cure the defect. We conclude that constructive eviction requires that a landlord be given notice of and a reasonable opportunity to cure a defect, and substantial evidence supports the district court's finding...

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