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Ask Loren Your Own Question
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 28539
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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My daughter is a business owner and leases her shop. I do

Customer Question

My daughter is a business owner and leases her shop. I do not see anything specifically in the lease, however, is the landlord responsible for upgrading the electrical (from 30 amps to 200amps, at the landlords cost, toget the store compliant with the city code, even though there is no specific mention in the lease agreement?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: San Diego California.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: as I mentioned I do not see where there is any mention of landlords responsibility to upgrade, however, whether mentioned or not, doesnt the landlord have a responsibility to firnish the shop owner the city compliant amount of electricity with the tenant being responsible for electrical wiring in their respective facility since the electricity comes from the city?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can send the lease agerrment
Submitted: 18 days ago.
Category: Landlord-Tenant
Expert:  Loren replied 18 days ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Did the landlord represent in the lease that the premise is code compliant? Does it address who is responsible for code compliance?

Customer: replied 18 days ago.
I believe it states that the tenant takes the property as is and has inspected property. our fradulent partner, who is no longer a partner assured us that the property would receive city approval regarding code compliance.our electrician says the upgrade to get us the 200amps of electricity is the landlords responsibility. we take it from there in the shop.
Expert:  Loren replied 18 days ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 18 days ago.

Unfortunately, when a tenant takes a property "as-is" then it is exactly that and the landlord has no responsibility to ensure the property is code compliant, unless otherwise excepted or specified in the lease.

If the electrical service must be upgraded, and the lease does not place that burden on the landlord, then the tenant is responsible.

Commercial tenancies do not receive the same protections as residential and are very much "lease driven". In other words, the lease controls the obligations of the party and if an obligation in an as-is property is not specifically reserved to the landlord, it is the tenant's.

Expert:  Loren replied 18 days ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 18 days ago.
I have to talk to the landlord now. I wont be able to pursue this with you. I will get an answer from the landlord, or at least another plan to recover monies spent should we be terminated.
Expert:  Loren replied 18 days ago.

Certainly make demand on the landlord. Perhaps your daughter and the landlord can share the electrical upgrade. These things are usually negotiable.

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