commercial tenent damages

[bryan77]

I have a small upholstery business on the first floor in a 4 story building. It was raining inside my shop last month. I contacted my insurance company for the damages to my fabric and content which exceeds $17,000. My insurance company denied the claim due to landlord neglict/roof being 20+ years old/ no signs of tear from wind... The water came from a roof drain that a coupling let loose and followed the pipe to my shops ceiling. The day before this happened a plumber was on the roof to snake the drains. so now I have contacted a lawyer he has contacted their insurance adjuster and the building never told them that this plumber was on the roof the day before. I think they are doing something skeetchy. BTW this building is a Free&Accepted Masons Lodge with 3 retail store rentals under it. No other tenants have been affected just me. are they liable for damages? and I told them I refuse to pay rent till this is remedied. They did however pay for a $7800 serv-pro bill.

 

[army judge]

I have a small upholstery business on the first floor in a 4 story building. It was raining inside my shop last month. I contacted my insurance company for the damages to my fabric and content which exceeds $17,000. My insurance company denied the claim due to landlord neglict/roof being 20+ years old/ no signs of tear from wind... The water came from a roof drain that a coupling let loose and followed the pipe to my shops ceiling. The day before this happened a plumber was on the roof to snake the drains. so now I have contacted a lawyer he has contacted their insurance adjuster and the building never told them that this plumber was on the roof the day before. I think they are doing something skeetchy. BTW this building is a Free&Accepted Masons Lodge with 3 retail store rentals under it. No other tenants have been affected just me. are they liable for damages? and I told them I refuse to pay rent till this is remedied. They did however pay for a $7800 serv-pro bill.

You can't legally use the alleged damages as a reason NOT to pay your rent.

You have to prove that the plumber caused the damage.

In fact, the plumber may be the person you wish to sue.

Whatever you do, you need to sue someone for causing the damages.

Then you have to PROVE they are the cause of your loss.

The fact that you knew the roof to be 20 years old, could be used against you to show contributory negligence.

But, don't withhold your rent because of your alleged damages.

If you do that, you put yourself in jeopardy.

You could be facing an eviction proceeding for non-payment of rent!