I am renting office space in a converted warehouse. The contract specifies that heat is included in the rental price, and that didn't matter in the summer. Now it's December in MA, and we are still without heat. The landlord has worked with a heating company and all the ducts are in, but they are having trouble getting their heating contractor to finish the job. It is too cold in there to work. Do I have any recourse? Can I break the lease because there is no heat now, even though they have promised for several months that heat is coming? Any help with this is appreciated.
2006-11-30 03:35:36 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
If the landlord refuses to provide heat you probably could break it. You'll need to talk to an attorney or real estate agent that's familiar w/ commercial leasing in your state.
2006-11-30 03:38:21 · answer #1 · answered by E B 5 · 0⤊ 0⤋
The landlord is making an attempt to have the heat repaired therefore he is within the terms of the lease agreement. How long have you been without heat? For your consideration would be to contact the landlord and request he obtain a different heating contractor or allow you to hire your own.
If you break the lease you leave entirely too much leverage for the landlord to take you to court. Your argument that you left because heat was not provided is not strong enough because the landlord (by your own admission) is making an attempt to resolve the problem. In addition in some rare cases even though heat is included in the lease, it is not considered a 'life-or-death' provision that must be provided to a tenant in order for business operations to continue.
2006-11-30 03:55:21 · answer #2 · answered by The First Lady 5 · 0⤊ 0⤋
Sounds like the landlord has done everything within his power to rectify the situation. Doesn't look like there are any grounds to rescind the agmt...you could always get a lawyer and try anyhow.
What you really should so is require the landlord to provide an alternative heat source e.g. electrical heaters and so forth. The elec bill should be paid by him since your lease provides for the l;andlord to provide heat. If he does not agree to any of this then give him notice that you intend to terminate the lease due to his breach...and so forth....
2006-11-30 05:46:15 · answer #3 · answered by boston857 5 · 0⤊ 0⤋
You're probably only entitled to a deduction on your rent since the lack of heat does not prohibit you from using the space. Breach of contract probably won't get you out of the lease if the space is still inhabitable. I'm not an attorney, though, and my guess is no one else giving you advice here is either (they're probably a bunch of unemployed people looking to kill time). I'm an accountant and know plenty of attorneys and they can twist the laws in marvelous ways, so if you want out of the lease you can probably find an attorney who can make it happen.
2006-11-30 06:02:25 · answer #4 · answered by noname 2 · 0⤊ 2⤋
you will have to go to court..you make it sound as if the landlord is doing his best to GEt heat in the building. if that's the case, you probably won't be able to break the lease but may get some reimbursement
2006-11-30 03:44:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
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2016-10-08 00:24:10 · answer #6 · answered by ? 4 · 0⤊ 0⤋
yes. don't get a lawyer, you're just wasting ur money. bottom line is: if the lease specifically says heat is there and it's not landlords has broken the lease.
2006-11-30 03:39:08 · answer #7 · answered by Jessica 2 · 0⤊ 0⤋
instead of breaking the lease you could hire your own contractor to do the job and then you are allowed to withhold the cost from your rent payments
2006-11-30 03:47:06 · answer #8 · answered by shakes 2 · 1⤊ 0⤋
get a lawyer. do what he says and follow all legal precedures. cant afford one... do the research yourself. get it in writing and collect the proof. be prepared, its going to get messy. know the laws. You can get out of it if its not being taking care of but you have to make sure that you do it right.
2006-11-30 03:39:06 · answer #9 · answered by kellieghr 3 · 0⤊ 0⤋
Simple, you don't have to pay the rent, or take him/her to court to retreive your rent that you have already paid into it. I am sure you will win the case.
2006-11-30 03:45:26 · answer #10 · answered by ? 5 · 0⤊ 0⤋