Who is Responsible for Repairs?

The Occultist

New Member
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!
 

Attachments

  • Lease - Hog Wild Brews and BBQ LLC - Fountain Hills Hotel Developers LLC.pdf
    336.1 KB · Views: 3
  • Lease Assignment - draft - approved by Landord - feb 19 2019.pdf
    160.1 KB · Views: 1
Contract review is beyond the scope of this (or any) internet forum. You will want to discuss this with a local attorney.
 
My leases don't appear to assign responsibility for repairs, but I'm also not a lawyer.

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

Cost of Operation: The Renter will be responsible for all costs of the operation pertaining to a full service restaurant with food and beverage...

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.
 
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.
 
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