Legal Question in Real Estate Law in New York

''inquiry on commercial lease

I'm currently in the middle of a dispute with my landlord regarding the terms of the lease. There is an old heating unit which is broken and I feel should be serviced or replaced completely by the landlord. In Section 3 of the Commercial Lease under Care and Maintenance of Premises - states that ''Lessee shall, at his own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted.'' The heating unit that is currently in the store is over 20 years old and the landlord is arguing that we should fix the unit or completely replace it at our Own Expense. We currently have a 5 year lease which only started about 5 months ago and we are already placed in this awkward situation. I would appreciate any advice you would have for me and thank you for your time.


Asked on 11/05/00, 4:27 pm

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

Re: ''inquiry on commercial lease

This is a commercial lease. Therefore, unlike a residential lease, the landlord does not have a duty to provide heat. See, Bomze v. Jaybee Photo Suppliers, Inc., 117 Misc. 2d 957; 460 N.Y.S.2d 862 (1983).

Should the Landlord seek judicial relief, I believe the Court would look toward the language of the lease.

Mike.

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Answered on 11/20/00, 9:21 am


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