Legal Question in Landlord & Tenant Law in Georgia

I am the assistant to the business owner of a small physical therapy practice. Approx 1-1/2 yrs ago a large international corporation moved in across the hall and the property manager moved the HVAC thermostat control to their suite. Since then we have no way to regulate our temperature. The temp gets up to 80-85 degrees (80 degrees even at 7am!) and we have had to send patients home or change their course of treatment because they can't finish their exercises or because we don't want to risk heat exhaustion. A large number of patients are elderly and a few others are recovering from cancer or other illness. The inability to control the temperature in our office directly affects our ability to conduct business. We have given several verbal requests to the property manager and the only solution has been the installation of 2 ceiling fans in our suite. We have also given him a written request. The heat is affecting our ability to treat patients according to normal protocols for their condition or injury. In the winter months we have the same problem because the other company across the hall cranks up the heat. No action has been taken and the property manager continues to ignore or avoid us. Is there any basis for legal action or at least the threat of legal action? The property manager has just spent thousands of dollars on a 1st floor bathroom makeover this week but has neglected to address our unhealthy temperature problem.


Asked on 8/24/11, 7:03 am

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

The first place to start is your lease. We don't have it, and you did not tell us anything about its terms insofar as it relates to HVAC. Nevertheless, since this is obviously a critical business issue it is really not something to be handled on a website like this. It also looks likes working it out informally has not worked. A year and a half is a long time to let this slide if it has harmed your business. You need to get a lawyer now. You probably only have to lose a few patients or appointments to pay for the lawyer, if it can be resolved.

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Answered on 8/24/11, 7:14 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Ultimately, it depends on the terms of the lease. However, it sounds like there very likely could be a material breach by the landlord. Have a local business attorney review the lease to determine your options. At least a demand letter from an attorney will probably be required.

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Answered on 8/24/11, 7:18 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Hiring an attorney to deal with the landlord is likely to get the landlord's attention. An attorney will need to examine the lease and obtain other key information in order to consult with the business owner to determine the best option. Suffering in silence without an advocate on your side is likely to result in continued misery.

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Answered on 8/24/11, 7:31 am


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