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Subletting a commercial property?

San Diego, CA |

Im subletting a commercial property. I was leasing from the owner he then leased the entire property to one business this business is now my landlord( I pay rent to the business they pay the owner). I have preexisting flooding problem from rain water with the owner. Now when there is an issue with flooding my new landlord the business tells me to take it up with the owner or let it flood and let my insurance handle it. Is this how it works or is it the new landlords job to take it up with the owner?

Who legally do I report a problem to? My new landlord that I signed the rent agreement with or the owner?

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Attorney answers 2

Posted

Under your new arrangement, you have no direct contract with the Landlord. Your contract is with the Sublandlord, so your complaint likely lies with them. Your sublease agreement should define the responsibilities for maintenance and repair. It may indicate that Landlord is responsible for maintenance and repair of the roof, foundation, etc., it may state that Sublandlord is responsible for such maintenance and repairs, or it may simply refer to the Prime or Master Lease (the agreement between the Landlord and the Sublandlord). You’ll have to look carefully at the terms of your agreement to determine which is the case in your situation.

Once you determine who the responsible party is, you will also need to determine the proper method for communicating your request for repairs. Your Sublease Agreement will specify the proper method for providing notice and reporting problems. Most likely, your agreement will require written notice to be sent via certified mail, return receipt requested. In a flooding situation, you’ll want to call the appropriate party or report the problem in person, but you will need to follow up that call or visit with an official notice in writing. Until such time as you determine the correct party to whom you report such issues, it would be a good idea to cover all your bases by reporting to both the Sublandlord and the Landlord.

If your review of the Sublease Agreement does not reveal the answers, you will need to take it to a local attorney for review so that you can be fully apprised of your rights and responsibilities under the Sublease.

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

Posted

I agree with Ms Lenhard's excellent answer.

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