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Given the way the lease is written I would say the Lessee. However, just because it is written doesn't make it legal. Going to need a lawyer to figure that out.
What kind of water pipe is it? Is this the pipe from the street that then goes to the meter? Or is it a pipe that comes from the building side of the meter and then goes under the building to get to the other side? If the latter is the case, it really isn't any different than any other interior pipe that runs through the building, it just happens to go under the ground instead of overhead.
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billb wrote:
Should be covered b the landlord's property insurance. Frozen pipes should be a named/un-named peril right in his policy.
Not necessarily a covered peril. A water pipe springing a leak may not be "sudden and accidental" which is usually a requirement of coverage. While repairs to the pipe may not be covered, the damage to building and contents would probably be covered. What is covered and not covered depends on the policy wording and exclusions. Without reading the entire insurance policy, there is no way to determine actual coverage.
max wrote:
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....
This may not be true. It all depends on the lease. If it is a Triple Net Lease, the lessee is responsible for everything (this includes property taxes, insurance, and maintenance/repair.
In many jurisdictions, the water company/authority's responsibility ends at the isolation valve for the supply feeding the property. This could be the curb box valve or meter pit if the meter is outside the building.
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Snow shoveling was clearly stated. That is outside of the building so, you may have accepted responsibility for other items outside the building (like a water pipe). It sounds like your landlord had a better lawyer than you did. :facepalm:
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testcase wrote:
Snow shoveling was clearly stated. That is outside of the building so, you may have accepted responsibility for other items outside the building (like a water pipe). It sounds like your landlord had a better lawyer than you did. :facepalm:
Maybe not. It could be a triple net lease.
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The real answer in this cannot be known without an understanding of the definition of "Leased Premises" in 7.1. Presumably that term, being capitalized, is explicitly defined earlier in the contract.
Also, we do not know whether IronMac is on the Lessee or Lessor side of this lease.
"All maintenance repairs" in 7.1 seems pretty clear: it does not say "ordinary" or "routine" maintenance repairs. Others have suggested those terms should apply; perhaps those terms were intended or assumed, but they are not in this contract. "All equipment and accessories installed for use" also seems quite clear.
7.4 can be read as further enumeration of "all" to include "routine" maintenance. It does not exclude non-routine maintenance.
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Wow...lots of opinions. I figured I would get this because it's badly worded. BTW, it's my Mother's property and she leased it out to someone. I just spent a whole day overseeing repair work. I assume that it's her responsibility from what I read of the lease itself.
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Now, read the following from a commercial real estate lawyer that I had hired to draft her a lease for a former tenant.
Maintenance and Repairs. Notwithstanding the provisions of Articles 1854 and 1864 of the Civil Code of Quebec, the Lessee, at its own expense, shall operate, maintain and keep the Premises including, all facilities, equipment and services, both inside and outside, available to the Lessee exclusively in same good order and condition, both inside and outside, as they would be kept by a careful tenant, and shall promptly make, at its cost, all needed repairs and replacements to the Premises which a careful tenant would make including, without limitation, hot water tank, broken glass (regardless of how broken), lights and ballasts, water, gas, drain and sewer connections, pipes and mains, electrical wiring (should the repairs and replacements to such water, gas, drain and sewer connections, pipes and mains or electrical wiring be due to the Lessee's fault or negligence or that of those for whom it is responsible in law) water closets, sinks and accessories thereof, the non-structural components, such as filters, blowers, etc., of the heating and ventilation, air-conditioning systems, if any, and all equipment belonging to or connected with the Premises or used in its operation.
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The above, is the difference between a notary and a commercial real estate lawyer. Don't mistake one for the other. My Mother had handed the old lease to the notary and told them to copy it. Apparently, the notary did not.
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macphanatic wrote:
In many jurisdictions, the water company/authority's responsibility ends at the isolation valve for the supply feeding the property. This could be the curb box valve or meter pit if the meter is outside the building.
A different issue, usually the company/city authority's responsibility ends at the meter. That is normal.
I had a backflow valve go bust outside a warehouse. ie between the warehouse and the meter. Landlord's responsibility. Not city's, not mine.
A pipe burst inside the warehouse, I had to take care of it.
Unless there a specific language stating otherwise those rules are quite simple...
macphanatic wrote:
[quote=max]
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....
This may not be true. It all depends on the lease. If it is a Triple Net Lease, the lessee is responsible for everything (this includes property taxes, insurance, and maintenance/repair.
Actually just the opposite, under the triple net, (whichever way it may be calculated) you are specifically paying additional rent monies to the landlord for him to take care of these specific issues....
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