Legal Question in Real Estate Law in Virginia
I am renting a room in a small antique mall in Norfolk, VA. Beginning in March of this year there has been a leak coming down through the ceiling and damaging merchandise. Lots or rework and continuely going over wood surfaces trying to prevent the original finishes being ruined.
The store owner does not own the building. She has no insurance for this situation. She still expects full rent from us even though there has been major water entry in Nov and again this month for each rain. This renders a portion of the space unavailable to display items on wall and floor area due this happening each rain. Building owner continues to say "act of god". She has been notified numerous times about the situation but has not had it fixed.
My question is what are the responsibilities of the building owner and the store owner to the renters of spaces? They both say they have no responsibilities to ensure a safe and dry environment for our merchandise. That we should have our own insurance and suck it up.
Where should I look for the laws/covenents that govern their responsibilities to us to provide a safe and dry rental space. I've only found one for renting booths in a hair saloon where it says: "....when you rent a booth building owners are responsibile only for making certain that the environment is in working order in accordance with state law.".....
Please help us.
1 Answer from Attorneys
In terms of the relevant law which should govern the situation described, you
should have to look no further than the provisions of the
commercial lease which presumably you and the landlord agreed to before
you moved into this space. One thing that might be said regarding the situation with reasonable certainty, however, is that the leakage described should not qualify as an Act of God, legally speaking.
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