Legal Question in Real Estate Law in New Jersey
Commercial Lease
We are in process of leasing warehouse space. We are currently operating on temporary basis month to month within said location. Building in which we are looking into leasing does not have running water as of yet as well as heat and still needs additional work. When we discussed lease with landlord he claims as well as his realtor that until lease is signed and deposit is given now work has to be done Ex. sprinkler, toilets, heat and that is is common to sign prior to being fixed. We have asked that he repair bathrooms get sprinkler working and provide heat before any monies are paid. Do you think we are wrong or right and is there anything he should already be providing.
2 Answers from Attorneys
Re: Commercial Lease
Miriam is correct. If you are in northern NJ I would love to assist you.
Savy Grant
201-646-9600
Re: Commercial Lease
It is true, as the landlord says, that usually a lease is signed and deposit given before the landlord begins work on the leased property.
However, if you are already in possession of the warehouse space and it has none of the items you mentioned, it is possible that the landlord is illegally leasing the property, if it does not have a certificate of occupancy. Such certificates are usually issued only if the property complies with codes, including health, fire and safety codes.
It is difficult for an owner to do the work when the tenant is physically in the property. There are liability issues as well as concern for access to work areas by both the owner and its contractors and the tenant and its employees and visitors.
Please consult a real estate attorney in the county where your warehouse is located and be sure to get a written lease that covers all of the work you expect to have done as well as all of the terms of the lease.
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