lincolntung
New Member
The Tenant (Subway) at the Ace Center in Springfield, KY went a head replaced a new air condition unit (without notify me first), and wants to send me the bill. She (Lisa) claimed that it stated in the Lease.
Here is a portion of the Lease:
lease agreement dated June 29, 1995
Section Seven - Repairs and Maintenance:
"Landlord shall, at his expense, maintain the exterior of the building, including the roof, walls, foundations, walks, driveways, parking areas, and the structural portion of the leased premises, in good condition and repair, except when damaged by tenant. Landlord warrants that the premises including the heating and air conditioning systems, plumbing, hot water heater, and electrical systems on the premises will be in compliance with all local building codes, in good working order, and that the roof will be free of leaks for the term of this lease[/U]. Tenant shall, at its expenses, maintain in good condition, the doors and interior of the premises, including electrical wiring and fixtures, plumbing, heating and air conditioning equipment presently in place or added by the Tenant or Landlord except when such damage is caused by the Landlord, its agents or employees."
"If the Landlord shall fail, refuse or neglects to comply with Landlord's obligations in accordance with the terms of this lease, or if Tenant is required to make any repairs by reason of any act, omission or negligence of the Landlord or its employees or agents, Tenant shall have the right, at its option, to make such repairs on the behalf of and for the account of the Landlord and deduct the cost and expense thereof from the next installment(s) of rent due."
The tenant claimed she has the right to replace the AC units with new one, because the old one was not in good working order.
She said she was the property manager for the Landlord at the time and had her attorney drafted this lease agreement. She claimed this is how she interpreted the lease.
My questions are:
1. Am I responsible for the bill? I have trouble with the language that it did not spell out that Landlord is responsible for the repair/replace of the HVAC.
2. Can she replace the new AC units without telling me first?
Following are her email correspondences:
Dear Mr. Tung,
My air conditioner must be replaced at the Subway restaurant. Springfield Heating and Cooling put in the unit that has been there for the past10 years and has performed all the maintainence. We need the air conditioner to operate, so I told them to go ahead and replace it. The cost is a little over $4,000.00. Since it is my responsiblity to maintain the equipment and the Landlords to include the heating and air conditioning system, I will have Springfield Heating and Cooling send the bill to Tung properties 738 Kumukahi Place, honolulu, Hi 96825. If there is another address this needs to be sent to please let me know.
I really need an 8 ton airconditioner not a 5 ton that came with the space. I, however, will pay for the additional 3 tons that I need for my restaurant.
I tried to call the 808-395-7278 number but could not get through.
Thanks for your attention to this matter.
Lisa Downs
Dear Mr. Tung,
I have read the lease.
The lease reads in Section Seven, as you have pointed out, that the Landlord warrants that the premises including the heating and air conditioning systems, plumbing, hot water heater, and electrical systems on the premises will be in compliance with all local building codes, in good working order, an...
Tenant shall, at its expense, MAINTAIN in good condition....air conditioning equipment.
I have maintained the equipment. It is the LANDLORD's responsibility to provide the air conditioning systems in good working order.
I expect you to uphold your portion of the lease as I have faithfully done for the last 15 years!
Sincerely,
Lisa Downs
I would really appreciated if you would let me know what you think of this matter.
Sincerely,
Lincoln
Here is a portion of the Lease:
lease agreement dated June 29, 1995
Section Seven - Repairs and Maintenance:
"Landlord shall, at his expense, maintain the exterior of the building, including the roof, walls, foundations, walks, driveways, parking areas, and the structural portion of the leased premises, in good condition and repair, except when damaged by tenant. Landlord warrants that the premises including the heating and air conditioning systems, plumbing, hot water heater, and electrical systems on the premises will be in compliance with all local building codes, in good working order, and that the roof will be free of leaks for the term of this lease[/U]. Tenant shall, at its expenses, maintain in good condition, the doors and interior of the premises, including electrical wiring and fixtures, plumbing, heating and air conditioning equipment presently in place or added by the Tenant or Landlord except when such damage is caused by the Landlord, its agents or employees."
"If the Landlord shall fail, refuse or neglects to comply with Landlord's obligations in accordance with the terms of this lease, or if Tenant is required to make any repairs by reason of any act, omission or negligence of the Landlord or its employees or agents, Tenant shall have the right, at its option, to make such repairs on the behalf of and for the account of the Landlord and deduct the cost and expense thereof from the next installment(s) of rent due."
The tenant claimed she has the right to replace the AC units with new one, because the old one was not in good working order.
She said she was the property manager for the Landlord at the time and had her attorney drafted this lease agreement. She claimed this is how she interpreted the lease.
My questions are:
1. Am I responsible for the bill? I have trouble with the language that it did not spell out that Landlord is responsible for the repair/replace of the HVAC.
2. Can she replace the new AC units without telling me first?
Following are her email correspondences:
Dear Mr. Tung,
My air conditioner must be replaced at the Subway restaurant. Springfield Heating and Cooling put in the unit that has been there for the past10 years and has performed all the maintainence. We need the air conditioner to operate, so I told them to go ahead and replace it. The cost is a little over $4,000.00. Since it is my responsiblity to maintain the equipment and the Landlords to include the heating and air conditioning system, I will have Springfield Heating and Cooling send the bill to Tung properties 738 Kumukahi Place, honolulu, Hi 96825. If there is another address this needs to be sent to please let me know.
I really need an 8 ton airconditioner not a 5 ton that came with the space. I, however, will pay for the additional 3 tons that I need for my restaurant.
I tried to call the 808-395-7278 number but could not get through.
Thanks for your attention to this matter.
Lisa Downs
Dear Mr. Tung,
I have read the lease.
The lease reads in Section Seven, as you have pointed out, that the Landlord warrants that the premises including the heating and air conditioning systems, plumbing, hot water heater, and electrical systems on the premises will be in compliance with all local building codes, in good working order, an...
Tenant shall, at its expense, MAINTAIN in good condition....air conditioning equipment.
I have maintained the equipment. It is the LANDLORD's responsibility to provide the air conditioning systems in good working order.
I expect you to uphold your portion of the lease as I have faithfully done for the last 15 years!
Sincerely,
Lisa Downs
I would really appreciated if you would let me know what you think of this matter.
Sincerely,
Lincoln
