hello i been leasing a space ( a beauty salon) at a shopping mall for more than 18years and recently there is a plumbing violations.. The owner of the mall has stated that we have to pay for all plumbing installations. My question is, is it our responsibility to pay or is it their responsibility. thankyou
Personal Injury Lawyer
Your lease should be clear on who is responsible for repairs and upkeep of utilities. There may be a provision in your lease that requires the landlord to keep things up to code. Your lease is where you should look first. I would recommend you have an attorney review it and advise you of your options. My office would be happy to help, if needed.
Please note that this answer is for informational purposes only and should not be construed as legal advice or an offer to form an attorney-client relationship. It is always advisable to seek the help of an attorney licensed in your state before proceeding on any legal matter. Good luck! Napleton Law, Ltd. www.napletonlaw.com
I agree with Attorney Napleton. You must look at the terms of your lease to determine whose responsibility would include plumbing maintenance and repairs. However, it is possible that it is not specifically addressed in the lease. Instead, you may have to look for terms that limit either Landlord’s or Tenant’s responsibilities. For example, in the section that details Landlord’s maintenance obligations, there may be wording that says that Landlord has no obligation to maintain, repair or replace except as specifically stated, so if it doesn’t explicitly lay the responsibility upon the Landlord, it is not the Landlord’s responsibility. Additionally, there may be a provision that requires Landlord to provide the Premises and the utilities in compliance with all applicable codes, though Landlord may not be explicitly required to keep them up to code.
From your facts, it is not clear whether the plumbing needs to be repaired or brought up to code. In either event, you should be able to find the answer as to whose responsibility it is to perform the work and to pay for it in the Lease Agreement itself.
If your review of the lease does not reveal the answer to you, you will have to take the agreement to a local attorney for a review of your rights and responsibilities under the lease.
I wish you good luck.
This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation
I agree with the others. If by “violations” you mean that the plumbing has to be brought up to code, unless the plumbing in question was installed by you (or someone you hired) this type of repair would generally be the responsibly of the landlord. That being said, you will want to review (and most likely consult a landlord/tenant attorney to review) the maintenance/repair sections of your lease carefully. Shopping center leases tend to be very specific so there should be something in the lease covering these types of repairs. My firm handles this type of work and if you would like to discuss the matter in detail please feel free to contact me. Either way, Good luck!
Anthony J. Zeoli
Attorney At Law
Hecht & Seidman, LLC
DISCLAIMER. The above post is provided solely for general informational purposes. Any information in the above post is NOT intended to be specific legal advice and should NOT be relied upon as such. NO attorney-client relationship is formed on the basis of the above posting and I strongly urge you to seek the advice of competent legal counsel before taking any action related to your inquiry.