Kwuan

BACKGROUND

Appellant is the owner of a warehouse on 5th Street in Oakland (Property). The parties entered into a five-year lease agreement, beginning in September 2017 (Lease). Respondent uses the Property as an indoor cannabis cultivation facility. On May 7, 2019, appellant served respondent with a “Three Day Notice to Cure or Quit” (Notice). The Notice alleged, in relevant part, that respondent breached the Lease by failing to obtain the required permits for its business (the grow operation). The Notice required respondent to cure the alleged breach by completing the work required to obtain the permits (installing fire sprinklers) and obtaining the permits, or to deliver possession of the Property to appellant. On May 14, 2019, appellant filed the present unlawful detainer action. In its trial briefs, respondent admitted it had operated without the required permits, but it explained it could not obtain the permits because the Property lacked a fire sprinkler system and argued it was appellant’s obligation to provide the system under the Lease. Following a bench trial, the trial court concluded the “plain language of the Lease obligated [appellant] to provide and maintain the…