Legal Question in Business Law in New Jersey

Re: commercial lease

The first step is to look at the lease.

I have litigated a similar problem and the question of a new roof arose. It was treated by the Court as a replacement, not a repair and the Landlord was responsible.

Each case differs so it is best to consult with counsel. If we can be of help, please let me know.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.

Re: commercial lease

The first step is to look at the lease.

I have litigated a similar problem and the question of a new roof arose. It was treated by the Court as a replacement, not a repair and the Landlord was responsible.

Each case differs so it is best to consult with counsel. If we can be of help, please let me know.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.

Re: commercial lease

Disclaimer: By reading this answer you acknowledge that this answer is posted for informational purposes only and does not form an attorney-client relationship with the posting attorney.

ANSWER:

The attorneys who posted before me are correct. I would add that since the lanlord is installing the new roof already, he has already paid the contractor some money to start and will pay the contractor the balance when it is finished. If it was your responsibility, the landlord would clearly have to have given you notice that the roof needed to be repaired and that you would incur the cost. In addition, although in commercial leases most often many repairs are the responsibility of the tenant, extremely large repairs are reserved for the landlord. If you would like a consultation on this issue, please do not hesitate to contact me directly.

Re: commercial lease

Gee, this is tough... Are you respobsible... what could you possibly do ti figure that out... Hey! I got it... LOOK AT THE LEASE!!!!!!!!! IF he says "par.X" makes you responsible for what is commonyly known as a "triple-net lease", you have to keep in mind terms can be interpreted differently, so if it is not obvious based upon the plain meaning of the contract language, you have to s/w an attorney.

Re: commercial lease

The first place to look is the lease to find out what your responsibilites are. In certain leases, the tenant is responsible for repairs to the building. Then, there is the question as to whether the repair was necessary. If the landlord is making the repair, you have a good argument for saying that the work was elective and not a required repair.

See also: http://info.corbettlaw.net/lawguru.htm