Legal Question in Landlord & Tenant Law in New York

Commercial Lease- We have a 2 year lease with our landlord stating it is the landlords responsibility to seperate all utilities. However he did not. There are 3 people leasing one building. We own a pool hall and starting paying 40% of the electric, a woodworking shop(heavy machinery) pays 60%, a 3rd tenant a liquor storage pays 0%, and the landlord who has 2 bays big enough for semi's and all the parking lot light also pay nothing. Winter of 2009 came and we needed to turn the gas on which we had to do so in our own name or we wouldnt even have been able to open the doors. We paid for it and never received any money from any other tenants. Now the woodworking shop is moving out and he is saying we have to pay 95% of the electric. What can we do about this?


Asked on 9/01/10, 2:40 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

You would serve notice under the terms of the lease demanding that the landlord separate all utilities. In the notice you would write that if he fails to honor the lease, you would pay to separate the utilities and deduct it from the rent.

If after proper notice is given the landlord fails to honor the lease, you pay to have the utilities separated, make payment, deduct it from the rent while providing the landlord with a paid receipt.

Mike.

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Answered on 9/07/10, 4:58 am


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