Do i need to pay for plumbing reparations when i lease not own the property.....

Asked over 1 year ago - Chicago, IL

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

Attorney answers (3)

  1. Gerald William Napleton

    Contributor Level 13


    Lawyers agree

    Answered . 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.

    Good Luck

    Please note that this answer is for informational purposes only and should not be construed as legal advice or an... more
  2. Anthony James Zeoli

    Contributor Level 8

    Answered . 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
    (773) 983-9133

    DISCLAIMER. The above post is provided solely for general informational purposes. Any information in the above... more
  3. Melissa D. Lenhard

    Contributor Level 13

    Answered . 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... more

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