HELP!: Lease contract question..

[aceO07]

The pipes in the basement need to be fixed, who pays for it? The lessee or lessor..? This is a restaurant..

Here's a section from the contract..

LESSEE'S OBLIGATIONS: The LESSEE agrees to maintain the premises in good condition, damage by fire and other casualty only excepted, and whenever necessary, to replace plate glass and other glasses therein, acknowledging that the leased premises are now in good order and the glass whole. The LESSEE shall not permit the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. ..etc (Nothing important)

LESSOR'S OBLIGATIONS: THE LESSOR agrees to maintain the structure of the building of which the leased are a part in the same condition as it is at the commencement of the term or as it may be put in during the term of the lease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required because of the LESSEE or those whose conduct the LESSEE is legally responsible.

I'm just trying to help someone out since I'm around.. I don't really understand the contract language that well. Does the lessee only need to keep the premises clean and glass fixed? What is does premises really cover? Just the floors, walls, ceiling..? What 'structure of the building' does the lessor need to maintain? What does the cover? Who's responsibilty is it to fix the pipes? Everything is so vague to me..

 

[aceO07]

wow.. this stuff drops fast! last bump for today..

 

[FoBoT]

plumbing, sounds like part of the structure. i think the owner needs to handle that

 

[AgaBoogaBoo]

Originally posted by: FoBoT
plumbing, sounds like part of the structure. i think the owner needs to handle that

 

[aceO07]

Originally posted by: aceO07
LESSOR'S OBLIGATIONS: THE LESSOR agrees to maintain the structure of the building of which the leased are a part in the same condition as it is at the commencement of the term or as it may be put in during the term of the lease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required because of the LESSEE or those whose conduct the LESSEE is legally responsible.

Any idea of how that should be read? It is covered as part of maintainance by lessor? Or it is part of things that are excepted?

 

[huberm]

pipes deteriorating over time is a normal wear and tear item, and should be covered by the landlord.

 

[KK]

landlord

 

[Injury]

Basically... unless something you did was the only and direct cause of something breaking down or being destroyed, it's the landlord's responsibility.

If a water heater craps out... that sort of thing can't be pinned only on you because the previous tennant used it, too. Additionally, it's considered part of the property and doesn't go with you when you leave. That's the landlord's responsibility.

If a window gets busted out... that's sort of an unnatural thing. People don't expect windows to randomly get busted out... so you either have to repair it, pay for it, or don't expect your security deposit back.

 

[aceO07]

I just noticed something else, there's another section near the end of the lease.

OTHER PROVISIONS: It is also understand and agreed that: etc etc.. (C) Repairs or interior alterations shall be made by the Lessee, after the approval of the Lessor, and the expense of such repairs or alterations shall be borne by the Lessee.

So, does this provision override the maintainance that is supposed to be done by the Lessor because this states that 'repairs shall be made by the Lessee' and that expenses be 'borne by the Lessee'?

 

[nakedfrog]

Originally posted by: aceO07
I just noticed something else, there's another section near the end of the lease.

OTHER PROVISIONS: It is also understand and agreed that: etc etc.. (C) Repairs or interior alterations shall be made by the Lessee, after the approval of the Lessor, and the expense of such repairs or alterations shall be borne by the Lessee.

So, does this provision override the maintainance that is supposed to be done by the Lessor because this states that 'repairs shall be made by the Lessee' and that expenses be 'borne by the Lessee'?

I'm thinking that means that you don't make any repairs/alterations without prior approval.

 

[Metron]

Originally posted by: aceO07

...the expense of such repairs or alterations shall be borne by the Lessee....

If you signed the contract... this line says it all!

 

[rahvin]

If you make tenanet improvements you are responsible for the cost and cannot do it without permission is what that line says.

 

[DrPizza]

Big question: just what kind of repairs are you talking about??
"pipes repaired" is pretty broad. In most cases, I'd think it's a rather petty issue to be worried about - I'd think the repair was rather minor.

 

[Metron]

Typically though... if you're talking about "infrastructure" like a main water line or a heating pipe into the building, that's the Landlord's responsibility.

If you've added plumbing (say for a restaurant), and the plumbing you've paid to install has now fallen into disrepair... those repair costs would be your responsibility.

What kind of pipe is it?

 

[Injury]

Originally posted by: Metron

Originally posted by: aceO07

...the expense of such repairs or alterations shall be borne by the Lessee....

If you signed the contract... this line says it all!

No, it says jack crap, because it says "such repairs". WHAT REPAIRS. THAT LINE DOESN'T SAY.

Originally posted by: aceO07
OTHER PROVISIONS: It is also understand and agreed that: etc etc.. (C) Repairs or interior alterations shall be made by the Lessee, after the approval of the Lessor, and the expense of such repairs or alterations shall be borne by the Lessee.

So, does this provision override the maintainance that is supposed to be done by the Lessor because this states that 'repairs shall be made by the Lessee' and that expenses be 'borne by the Lessee'?

No, this is the part that basically says if you want the interior to look different than it did when they rented it out to you, then you have to pay for that. If you want the walls green and blue carpet with red booth chairs built into the walls... they don't have to pay for that, you do... and it has to be approved before you do it.

 

[Metron]

Read the first part of the line... the whole section he posted later:

"Repairs or interior alterations shall be made by the Lessee, after the approval of the Lessor, and the expense of such repairs or alterations shall be borne by the Lessee. "

Since "Repairs" is not qualified, I would bet the Landlord's lawyer wrote that to intend ALL REPAIRS.

This is why you have your own lawyer read a contract before you sign it. Contracts written by the other party will always benefit their position, not yours. If you're not familiar with contract law... find a lawyer who is!

My advise to the OP, consult a lawyer with your issue. Initial consultations are normally free.

 

[aceO07]

Originally posted by: Metron
What kind of pipe is it?

It's a leaky water pipe in the basement. I assume it was there before.

 

[Metron]

Given that it's an existing water pipe, and even though the contract you signed seems to say you are responsible for ALL repairs, I would think a good lawyer could find some legal ground to require the Landlord to maintain the "infrastructure" of the facility.

If he has a good lawyer, you may want to weigh the cost of the repair against the potential cost of litigation.

Bottom line, talk to a lawyer to represent your interests.

PS... I am not a laywer!

 

[Injury]

Originally posted by: Metron
"Repairs or interior alterations shall be made by the Lessee, after the approval of the Lessor, and the expense of such repairs or alterations shall be borne by the Lessee. "

Since "Repairs" is not qualified, I would bet the Landlord's lawyer wrote that to intend ALL REPAIRS.

This is why you have your own lawyer read a contract before you sign it. Contracts written by the other party will always benefit their position, not yours. If you're not familiar with contract law... find a lawyer who is!

You are a moron. The water pipes are part of the structure. They were put in when the place was built, thus, they aren't your responsibility. Unless you were the direct cause of the pipe breaking (hitting it with a hammer... hanging on it until it fell...) Then you are under no obligation to repair it.

Under Metron's stupidity, if you moved in and on day one, in the first hour you are there, even if you only walked in and stood in the doorway for a few seconds, and the pipe burst, it's your fault. TOO BAD... YOU SIGNED A CONTRACT. HAHAHAH. :roll:

THE LESSOR agrees to maintain the structure of the building of which the leased are a part in the same condition as it is at the commencement of the term or as it may be put in during the term of the lease

Rephrased: The landlord is expected to maintain that building so that it stays in the same state or better than it was from when you first signed your lease.

You were given a building that is in working order. If something is part of the building and removing it would mean that the building is incomplete or non-functioning, then it's the landlord's problem. That's that, end of story.

It doesn't matter what the landlord is trying to weasel out of even if he was trying to make a contract making you liable for all repairs to the property... it likely goes against one or many state laws prohibiting that.

No court in the United States would require the tennant to pay for a burst pipe... unless, again, they are the direct cause of the pipe breaking.

 

[Metron]

Injury, you make a lot of assumptions, you don't know the facts, and you don't know sh!t about the legal system. The OP says this is a restaurant and later verified this is a water pipe, but doesn't know if it was originally there (thus part of the infrastructure).

If the building was a strip center before the OP moved in and the water pipe was added AFTER the lease was signed (part of the "finish out" of the space to convert it to a restaurant), then the OP is liable for the repair. At this point however, the facts are yet to be determined.

Don't call me a moron... who the hell are you? Why don't you learn how to read before shooting off your mouth... :disgust:

READ what I typed six posts up:

Typically though... if you're talking about "infrastructure" like a main water line or a heating pipe into the building, that's the Landlord's responsibility.

So your specious diatribe above is a waste of time and space.... go nef in P&N.


The OP wasn't specific in his original post as to what type of pipe this was. I've been saying all along to contact a lawyer.

My point is that the OP signed the contract, and he doesn't seem to understand that contracts are written to protect the author (landlord).

If the Landlord won't make the repair, then the OP needs to get a lawyer to protect himself and enforce his interpretation of the contract.