commercial lease question (roof leaks)

This is a discussion on commercial lease question (roof leaks) within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Can the LL make the tenant responsible for roof leaks? In other words, if the contract states that the tenant ...

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Old Oct 6th, 2009, 04:06 PM   #1
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Default commercial lease question (roof leaks)

Can the LL make the tenant responsible for roof leaks? In other words, if the contract states that the tenant will be responsible for roof leaks, is that legal?

Texas
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Old Oct 6th, 2009, 07:27 PM   #2
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Default Re: commercial lease question (roof leaks)

In residential leases, no. But commercial leases are different and do not fall under LL-Tenant laws in most states. You, as a tenant, do not have those protections as a residential tenant would have. If you signed a lease with a provision in it that you are responsible for repairs, plan on making them. Unless your state has specific commercial LL-Tenant laws (and few states do), whatever your lease says is the contract. Read commerical contracts very carefully before signing.
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Old Oct 7th, 2009, 09:32 AM   #3
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Default Re: commercial lease question (roof leaks)

That would be highly unusual frankly--even in commercial leases and why would you agree to that?
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Old Oct 7th, 2009, 04:47 PM   #4
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Default Re: commercial lease question (roof leaks)

The tenant should never agree to repairing roof leaks. That is the responsibility of the property owner.
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Old Oct 8th, 2009, 06:49 PM   #5
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Default Re: commercial lease question (roof leaks)

Agreed. He shouldn't. But apparently this one did!
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