1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Who is Responsible for Repairs?

Discussion in 'Commercial Landlord & Tenant Issues' started by The Occultist, May 21, 2019.

  1. The Occultist

    The Occultist Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Arizona
    I originally posted my question here: Responsibility of Repairs

    I'm posting here where I can upload my leases and hope that somebody can advise me accordingly.

    I own a restaurant that is built into a hotel. The hotel is owned separately, but they are also my landlord for this restaurant space. On the roof of the hotel are several AC units that feed only into my rental space, none of it to the hotel or hotel rooms (the rooms have their own individual wall units, so no need for roof units there). Three of these roof units appear to be non-functioning (and 1 of them is a critical one as it feeds into my dry food storage and the employee restroom).

    Another issue is that in the drop ceiling in my kitchen above a food-prep station, there is water dripping. Plumbing is not exactly in my repertoire, but I believe a tear in the insulation is causing condensation to drip down; I believe simply repairing the insulation is the fix for this issue.

    All the repairmen in my issue charge for diagnosis, and that money does NOT go towards cost of repairs, so I'm putting off calling anybody out until I know who is responsible for paying. My leases don't appear to assign responsibility for repairs, but I'm also not a lawyer. Any help in informing me whether the responsibility of repairs falls to me or falls to the landlord would be greatly appreciated. I've attached the lease for the previous owners (Hog Wild Brews) as well as the addendum which releases them and transfers the lease to myself.

    Thank you!
     
  2. Zigner

    Zigner Well-Known Member

    Messages:
    908
    Likes Received:
    476
    Trophy Points:
    63

    Contract review is beyond the scope of this (or any) internet forum. You will want to discuss this with a local attorney.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,667
    Likes Received:
    1,459
    Trophy Points:
    113

    Well, I'm not a lawyer either but I see something that appears to work against you.

    Since air conditioning is necessary for the operation of a restaurant it follows that the cost of repairing the air conditioning would fall on the operator of the restaurant.

    But don't take my two cents worth as gospel. Have your attorney review the contract.
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    10,432
    Likes Received:
    1,570
    Trophy Points:
    113

    I suggest you read the section titled "Condition" near the beginning of the lease.

    In this section the renter accepts the premises "as-is" and agrees to repair and maintain at no cost to the owner.

    I think you are on the hook for repairs.
     

Share This Page