Legal Question in Landlord & Tenant Law in Arizona

does a landlord in a commercial property in phoenix az have to provide ac in the building. I have a restaurant where the ac unit doesnt work proper and temps in the kitchen reach 112 degrees and the dining area 100 degrees. the ac unit is over 15years old and air coming from vents comes out at over 80 degrees.
The lease says they are not responsible for repairing the ac.

Asked on 7/07/11, 6:38 pm

1 Answer from Attorneys

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

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Well, first and foremost it depends on your specific lease. With so much at stake you may want to book a one hour consultation to have us read the lease. A business lawyer with experience in commercial leases should be able to do that cost-effectively.

Second, unlike residential leases where the landlord is responsible for the health and safety of the occupants, which would arguably include HVAC in Phoenix, a commercial property landlord is (1) NOT usually responsible for the HVAC - the tenant is, and (2) the lease usually requires the TENANT to have an air conditioning repair company under maintenance contract, including inspections, etc. So, the commercial lease usually puts the burden solely on the tenant.

Third, this leads to what I call my "landmines" point: Typically a commercial tenant does not have the bargaining power to to re-write the lease, but with an attorney the tenant may be able to renegotiate some key points of concern to the tenant (e.g. AC) and will know where the other "landmines" are.

As you can see, the commercial lease is the "tail that wags the business dog." It can make or break the business. I have seen leases where the HVAC broke down, the tenant replaced the HVAC and being on the ground it was stolen with a week. I have seen leases where the tenant could not even sell the business without the landlord's approval or where the landlord would receive a piece of the sales price. (New business owners tend to treat the lease as an after-thought. It shouldn't be. I am mentioning this only for others who may be reading this and working on a commercial lease.)

No attorney can guarantee results particularly in a commercial lease dispute - but you have a better chance of resolving this issue if you have legal representation. Many landlords, particularly in this economy, do not want legal hassle and expense so have been surprisingly accommodating. So, it is worth a try. In any case, Good Luck!

Law Offices of Donald W. Hudspeth, P.C.

"The business of our firm is business."

3030 North Central Avenue, Suite 604

Phoenix, Arizona 85012

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Web site www.azbuslaw.com

Answered on 7/08/11, 7:19 am

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