Who is responsible for rodents in the attic area of unit that is shared by others (shopping center)?
3 attorney answers
God is responsible for their existence in the attic - landlords are only responsible for REASONABLE control and extermination efforts. So - if there was no notice that a rat got the munchies on your CO2 line and some indication that the LL acted unreasonbly in some fashion relative to the common area, thats just a crappy situation that is a "business expense". You may want to secure such lines conduit to make them harder to chew through or use a line that does not have material that attracts them as some insualted rubber lines do.
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I agree with my colleague; the answer should be in your Lease (typically common areas are the obligation of the Landlord; but IF it is YOUR CO2 line that was damaged - NOT the "common area" itself, it might be on you). No way to tell without reviewing your lease. Bring it to a good local commercial L/T lawyer for review if you are not sure what yours says. And make a claim with your insurance carrier - they may do some of the heaving lifting for you. Hope this helps. gsg
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The answer should be in your lease. If the attic is a common area listed in the lease it should be the landlord's duty to control pests.
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