Legal Question in Real Estate Law in California
Universal rights
Is there a law regulating a landlord to provide heat to a tenant in a commercial office space? If so, what is the legal terminology to look for in the lease? Is this a mandatory clause in California? What are California tempurature regulations / guidelines? When, if at all possible, can a tennant withold rent for a non-heated office space?
What if the heat works in all other offices in the building and not mine? Do I have rights to withold rent if the landlord refuses or cannot fix the heating problem?
2 Answers from Attorneys
Re: Universal rights
You can file an action for declaratory relief. It appears to be a breach of covenat. You may even be able to recover attorney fees for such an action. You have to pay rent. Withholding rent only applies to a limited effect in a residential lease. Please call me if you have any questions or need assistance. Sometimes a simple letter from an attorney may solve your problem.
Re: Universal rights
A landlord's duty to provide heat to a commercial tenant is not a matter of statute, as it would be for a residential lease. Rather, it is a matter of contract.
The issue is whether the contract expressly or impliedly requires the landlord to provide heat. Most leases do, but certainly not all.
In some commercial leases all the landlord undertakes to provide is the four walls, and the tenant provides everything else including paying the property taxes.
Both commercial and residential leases may also make a contractual distinction between who is responsible for providing working heating apparatus and who pays for the fuel or power to generate the heat.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
