This is the issue that I am having. I have a tenant that is renting a building from me for commercial use. It states this in their lease aggreement----12. Tenant accepts the Premises in their present condition and as suited for the Permitted Use and Tenant's intended purposes. Tenant, throughout the initial term of this Lease, and any extension or renewal thereof, at its expense, shall maintain in good order and repair the Premises, including any building and other improvements located thereon, except those repairs expressly required to be made by Landlord hereunder. Tenant further agrees to care for the grounds around the building, including the mowing of grass, care of shrubs and general landscaping. (a) Tenant, at its expense, also shall maintain in good order and repair the heating, ventilation and air conditioning
equipment, including but not limited to replacement of parts, compressors, air handling units and heating units; provided that, as to repair or replacement expenses for heating, ventilation and air conditioning equipment in excess of $ 1,500.00 (per occurrence) or $ 1,500.00 (annually), Landlord shall reimburse Tenant for the amount in excess of the stated amount, provided that Tenant has obtained Landlord's prior written approval of the contractor and the repair or replacement. (b) Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to
approve the contractor as to any repairs in excess of $ 1.00----Ok here is the problem. A gas furnace needed to be replaced inside of the house. They got a couple of estimates done. We approved for the gas furnace to be replaced at $2000.00. They also wanted to replace another heating system with an estimate of $1250. We told them that they would have to replace it. They in turn stated that they would get the contractor to put in both systems and they will take the difference of the balance of $2100.00 out of their rent and we will not receive a payment from them until February or March of 2008. Can they really do that? Do I have any rights here in this situation. What does the per occurence mean to you?
equipment, including but not limited to replacement of parts, compressors, air handling units and heating units; provided that, as to repair or replacement expenses for heating, ventilation and air conditioning equipment in excess of $ 1,500.00 (per occurrence) or $ 1,500.00 (annually), Landlord shall reimburse Tenant for the amount in excess of the stated amount, provided that Tenant has obtained Landlord's prior written approval of the contractor and the repair or replacement. (b) Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to
approve the contractor as to any repairs in excess of $ 1.00----Ok here is the problem. A gas furnace needed to be replaced inside of the house. They got a couple of estimates done. We approved for the gas furnace to be replaced at $2000.00. They also wanted to replace another heating system with an estimate of $1250. We told them that they would have to replace it. They in turn stated that they would get the contractor to put in both systems and they will take the difference of the balance of $2100.00 out of their rent and we will not receive a payment from them until February or March of 2008. Can they really do that? Do I have any rights here in this situation. What does the per occurence mean to you?
