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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 34320
Experience:  16 years practicing attorney, JD, BA, MBA
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a commercial lease is signed which the landlord/property owner

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a commercial lease is signed which the landlord/property owner made up himself. The building sustained damage 4 years ago and now he rents the building to a entity/corporation and in the lease agreement he states that the lease starts on January of 2013 and rent will start to get paid after the building is completed on March 1, 2013. The building contractors are ran by the landlord and he chooses them and requests that we pay 33% of all costs to repair the building which includes electrical.
In the Real Estate Lease the landlord writes, "Possession: Tenant shall be entitled to possession on the first day of March 2012, and shall yield possession to Landlord on the last day of the term of this lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall have the option of renewing the lease for an additional 3 years. If not tenant shall remove its goods and effects and peaceably yield up the premises to landlord in as good condition as when delivered to tenant as when delivered to tenant, ordinary wear and tear expected.
Note: Now my question is it is now June 1st and the landlord has still not had the final inspection of the building, can the landlord expect rent from the months of March, April, May and June. Does rent have to be paid for these months. I know a contract is by agreement but what you have been given are you able to provide a answer or do you need additional info? We also had a verbal discussion prior to signing the lease in Arizona to where we said, "so until a customer can walk through the door to make a actual purchase, we will not have to pay rent, correct and both the landlords agreed. It was not in writing so is it not enforceable if this thing gets ugly? Is rent owed for March, April, May and maybe June if we can not occupy the building?
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One of the primary responsibilities that the landlord has to do is provide physical possession of the building so that the tenant can use it for its intended purpose. If the landlord has been unable to deliver possession due to repairs being made, then I would opine that until they are done and you actually take possession and are able to use the building, no judge would force you to pay rent on a building you can't use. Until it passes the final inspection, he can't deliver possession for a building you can use.
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Since the landlord was unable to provide a usable building as of the March deadline, I would opine that you would have the right to refuse to pay any rent under the contract until repairs were completed and you actually took possession and begain using the property. However, as soon as all the repairs were completed and passed inspection, the meter would start running from that point on.
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Barrister

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Barrister

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