What are your rights as a commercial tenant if your landlord does not maintain the property?

Question

Despite multiple letters requesting repair the landlord does not reply but continues to expect the rent.

It is the exterior of the property which requires repair (roof leaking) and this according to the lease is the landlords responsibility. Do we continue paying the rent despite months with no response?

Answer 1

My in-laws own tons of commercial property. The maintenance they do is minimal and restricted to outside the building. I doubt their contracts are unusual. Commercial renters are expected to maintain the property they rent.

Answer 2

There's a good possibility that you're going to have to take care of the repairs yourself. Typically when you have a commercial lease, it's a "triple net," which in a nutshell means that the tenant takes care of EVERYTHING with the building, including taxes and insurance.

Check your lease carefully, I'll just about guarantee it will tell you in there who is responsible for repairs to the building.

Oh yeah, don't listen to any answers here from people who don't know the difference between a commercial lease and all the others. Commercial leases are completely different beasts.

Answer 3

As others have indicated that you may be the responsible party in some areas of repairing under your contract.
In most commercial properties and i have been in many. The owner would be responsible for the outside maintenance of the common grounds. The appearance of the building and the roofing. Outside of that you as tenant would be required to take care of the air conditioning, heating, plumbing etc.
Read your lease very carefully.

Answer 4

Make the request for roof repairs in writing, via certified letter, referencing the paragraph in the lease that states the landlord is responsible. If you have to do it again, put "second request" on the letter. If they don't repond, take pictures of any damages being caused by the repairs not being made. Fix it yourself and then take them to court.

Answer 5

What does your leasing agreement say about the maintenance and repairs?

If it's stated in the lease that the landlord is responsible then i would consider hiring an attorney AND ask for your legal representation be paid by the landlord too

Answer 6

You are required to pay your rent. To withhold rent will make you at fault although there is a way to set up paying rent to someone else and they hold it but you legal reps for that to do it correctly. He is breaking the lease. Document your problem and document your requests to the landlord to have the problem fixed and then go to a lawyer or small claims court. You can sue for loss of business, moving costs and who know what else. . .But you have to be able to prove everything.

Answer 7

Commercial leases are not the same as are residential leases. Generally, the terms of maintenance are specified in the lease when signed. In commercial leases, many times the renter is responsible for much, if not ALL, of the maintenance involved. Check your lease for further guidance.

Answer 8

Read the lease. Some leases give tenants the responsibilty of maintenance.

Answer 9

You can always move out.

I guess it depends on the repair. Is it something that is normal wear and tear or something other detrimental. Tell him you plan to get it repaired if he doesn't and then tell him you will pay for it and will give him the receipt and will deduct off of the rent that you owe him.

Answer 10

Check your lease about your rights.