+- MacResource (https://forums.macresource.com)
+-- Forum: My Category (https://forums.macresource.com/forumdisplay.php?fid=1)
+--- Forum: Tips and Deals (https://forums.macresource.com/forumdisplay.php?fid=3)
+--- Thread: Lawyer Jargon (/showthread.php?tid=188132)
Lawyer Jargon - IronMac - 02-16-2016
Quick question. If you lease out a commercial property and the water pipe beneath the building springs a leak who is responsible according to these two conditions in the lease?
7.1 The Lessee shall keep the Leased Premises in good condition and make all maintenance repairs. In addition, the Lessee shall, with prudence and diligence and at its expense, replace, repair, maintain, and decorate the Leased Premises, and keep them and all the equipment and accessories installed for the use of the Leased Premises, and all improvements, in good condition.
7.4 The Lessee shall be responsible for any routine maintenance, repairs or replacement in/on the Leased Premises, such as but not limited to: snow removal, hot water tank, broken glass, drain, electrical wiring, heating and ventilation.
The water pipe is beneath the building and there is no basement. It's just a pipe that ingresses from the front of the building, tunnels beneath the floor of the building at a depth of four feet to emerge all the way in the back.
So, is it the lessor or the lessee that is responsible for the costs of finding and repairing the leak?
Thanks!
Re: Lawyer Jargon - rgG - 02-16-2016
The question is, is this a "maintenance" repair or a capital improvement, to me.
Since electrical wiring is mentioned as somethings the lessee is responsible for, and plumbing is not excluded, and it says "not limited to" it seems like you could say it is in the same category.
You might have to ask a real estate attorney on this one.
Re: Lawyer Jargon - Onamuji - 02-16-2016
Ordinarily, the landlord. That's not the what you're leasing, nor routine, nor maintenance.
Landlords have the responsibilities of keeping the building fit for inhabitants. In commercial property lease situations they have fewer responsibilities than with dwellings, but in most places they still have a basic obligation to keep the walls, foundation and roof intact as well as electricity and plumbing going to the premises even if you have the responsibility of keeping up the electrical and plumbing within the walls.
Sometimes, even these responsibilities can be delegated to the lessor, so YMMV by municipality. In your locality it's conceivable that the terms of your agreement are broad enough and open to sufficient interpretation to shift some of those obligations to you. Even if your state laws on the subject conform to the UCC, the courts may have interpreted the statutory language in a different manner than other courts in the country.
And you're looking for a lawyer-answer without providing all of the facts. (Would need the whole agreement and the address just to get started.) So, there's no authoritative answer, and certainly nothing that would approach an authoritative legal opinion available from a post like that in this forum.
My best answer is this: 1. Ask your landlord to repair it and 2. If s/he does not comply then consult an attorney to establish what your rights are in your specific situation.
Re: Lawyer Jargon - tenders - 02-16-2016
"All maintenance repairs..." "All the equipment and accessories installed..." "Any routine maintenance, repairs, or replacement in/on the premises..."
Piping leak feels like a lessee burden to me though were I the lessor I might not want this repair done at lowest-cost the way a lessee might seek to do. I am not an attorney!
Re: Lawyer Jargon - Pam - 02-16-2016
Landlord. That pipe isn't a routine maintenance item.
Re: Lawyer Jargon - PeterW - 02-16-2016
If the pipe doesn't actually connect to the building, then it seems like the pipe is neither the landlord or the lessee responsibility but belongs to the city. Make them fix it.
Re: Lawyer Jargon - OWC Jamie - 02-16-2016
Pam wrote:
Landlord. That pipe isn't a routine maintenance item.
+1 100%
Should be covered b the landlord's property insurance. Frozen pipes should be a named/un-named peril right in his policy.
Either way he should be getting his act in gear if it is affecting your ability to do business.
If there is building property damage you/he his adjurer should b taking pictures.
If you have losses to property owned by your business you/your adjuster should be taking pictures. I would be taking pictures before anybody moved anything.
Re: Lawyer Jargon - max - 02-16-2016
Landlord, you are leasing inside space of the building and are responsible for things inside.
He is responsible to provide you with functioning premises and is responsible for things outside, like leaky roof, or leaky outside pipe. It is outside the leased space....
Re: Lawyer Jargon - Black - 02-16-2016
Not enough info. Are you leasing the entire property? From lot line to lot line?
Re: Lawyer Jargon - cbelt3 - 02-16-2016
It may also depend on local regulation and case law. Sadly, you're gonna need an actual lawyer.