Legal Question in Business Law in California

Landlord question

landlord to my wife's restaurant does not want to fix a leaky roof, she's afraid of reporting him because he may not renew lease. is he obligated to repair leak?


Asked on 12/07/07, 5:13 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord question

More than likely, he's breaching the lease agreement by which he agreed to maintain the structure. Doesn't your wife have a long-term lease? That's always a good idea to have one with such businesses.

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Answered on 12/07/07, 5:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord question

Probably, but not necessarily. Unlike a residential lease where there is an implied warranty of habitability, commercial leases can and do vary substantially in their maintenance-responsibility terms. There are leases, called triple-net or NNN leases, where the tenant does or is responsible for everything, including the property taxes as well as all maintenance. Dig out your copy of the lease, find the maintenance section, and read it carefully.

I'm not sure what you mean by "reporting" the landlord; the building inspection department, for example, is not in a position to determine which party, owner or tenant, is responsible for fixing roof leaks nor do I think it is necessarily a violation of any code or ordinance where it could issue an order, even if it knew to whom to address the order.

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Answered on 12/07/07, 6:12 pm
Terry A. Nelson Nelson & Lawless

Re: Landlord question

depends upon the lease terms.

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Answered on 12/07/07, 6:19 pm


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