Our new commercial party room has been damaged by water. Can we get monetary compensation for loss of business?
Cleveland, OH |
Our party room is damaged by the water that came out of the wall. We want the landlord to pay for new carpet, new wall, increase in electrical expensed due to carpet cleaning and dehumidifiers used, and loss of business.
No lawyer can answer your question without reviewing your lease. Commercial leases are not restricted by the Landlord/Tenant provisions of Chapter 53 of the Ohio Revised Code, and are still purely creatures of contract law. What caused the water leak. Was the pipe considered part of the common area or a fixture assigned to your premises which you contractually agreed to be liable. Does the lease speak of landlord's limitation on damages in such event (they often do.)?
Have you been in business long enough to accurate determine what business loss can be attributed to the water leak and not the economy? Do you have insurance coverage that includes loss of business? Depending on the language of your commercial lease, filing a claim with your own insurance may be the only way you can be compensation.
Sorry, I know you came here for a definiative answer, but without reviewing your lease and discussing your situation more, no lawyer can really answer this question precisely.