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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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We signed an agreement that included a tenant improvement addendum.

Customer Question

We signed an agreement that included a tenant improvement addendum. The addendum specify that the tenant shall do the following improvement: add ductless ac units in the office area. We, the tenant, did not do so and now the landlord is demanding that we add the unit. Do they have rights to do so? Especially since we the tenant is going to be moving out in 1 week from today? Additionally, if we have to do so, does the fact that the AC Units is plural mean it is valid for the landlord to ask for 2 units?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Yes, the landlord can enforce the addendum - especially with commercial leases - so they are entitled to the installation of the AC units.Regarding the number of units, while the addendum may be vague, the interpretation is going to be based on the surrounding facts, such as what size or number of a/c units would be necessary to service the office area (the court would be using a reasonable interpretation of the contract based on the circumstances).
Customer: replied 1 year ago.

Thank you for the answer, if the contract did not mention that they need to approve of the unit specification, do we need to send specification for approval since it is their building

Expert:  CalAttorney2 replied 1 year ago.
Yes, you do. Failure to get approval ahead of time can cause you more problems later on (especially if the unit does not meet specs, or if it requires permits).

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