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Does the landlord own my A/C Units? Repairs, Maintenance

Discussion in 'Commercial Landlord & Tenant Issues' started by tots, Oct 14, 2019.

  1. tots

    tots Law Topic Starter New Member

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    Jurisdiction:
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    I have a small business that is leasing a building. When we moved in, the building did not have any working air conditioning units and the landlord did not want to do any work toward repairs or replacement of the units. They also specified in the lease that they were not going to be responsible for any maintenance or repairs to the building (as it was an old building that has many issues and he would rather just tear it down and rebuild for a more permenant tenant. So we asked verbally if we could have a couple of package style units (all in one units) placed outside the building and use existing holes for running the air into the building and of course take them with us when we left. They said that was fine with them and verbally told us that we could take them when we left. Now we have been there for approximately 3 years and the buisiness has gone south, so we are closing up. We were behind on rent and worked out a promissary note to get the agreed upon balance repaid. Now that we are leaving, he is telling us that because our security cameras, shelves and a/c units are attached to his building, that we have to leave all of that behind. And that if we were leaving on better terms, then he would let us take it all. Is he correct in that we no longer own these items and that we have to leave them? If I remove any of them prior to moving out, are they still considered part of the building or is it just something that I altered prior to closing? Previous tenants have cut holes in walls and installed window units that they were then allowed to take and board up holes that were left with no issues. I am just frustrated and looking for answers as to if he is lying to bully me or telling the truth.
     
  2. army judge

    army judge Super Moderator

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    Research the Statute of Frauds.

    When a person RENTS real estate, the law doesn't recognize "oral" agreements.

    When you rent real property, you execute a signed lease, or your arrangement is solidified pursuant to the statute(s) of your state.

    This Florida law firm discusses "commercial leases":

    Commercial Landlord-Tenant Law FAQs - Jimerson Birr, P.A.


    Florida landlord tenant law is found in Florida Statutes, Chapter 83, and consists of three parts. Part I discusses nonresidential or commercial tenancies. Part II discusses residential tenancies and Part III discusses self-service storage space.

    Source: Fla. Stat. § 83.001, et seq. (2012).




    I suggest you retain the services of a licensed Florida real estate attorney and ask the lawyer to advise you BEFORE you do anything that could place you and your assets in legal jeopardy.
     
  3. mightymoose

    mightymoose Moderator

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    It is your property. Do what you want with it.
    Leave the landlords property in the same condition as you obtained it.
    If you take something the landlord thinks you should not have he will have to convince a court he is entitled to it.
     

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