How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask KJL LAW Your Own Question
KJL LAW
KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 891
Experience:  Attorney at Law Office of KJLLAW
92128996
Type Your Real Estate Law Question Here...
KJL LAW is online now
A new question is answered every 9 seconds

I have a commercial lease which includes all utilities

Customer Question

I have a commercial lease which includes all utilities including heat. The landlord has removed the thermostat in one area and cut the wires so there is no heat and in another area she has set the thermostat at 60 is this legal. I have employees working in these areas
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  KJL LAW replied 3 months ago.

Good morning.

Customer: replied 3 months ago.
Good morning
Customer: replied 3 months ago.
Do you have an answer for me ?
Expert:  KJL LAW replied 3 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

New York State real estate laws provide little, if any, protection to commercial tenants. The law holds that the commercial lease terms govern heating, cooling and other utility issues. The lack of sufficient heating is an issue of breach of the lease and the remedies available under the lease. Your lease may have a specific heating requirement, but it sounds like it does not. If there is not minimum requirement then the issues becomes if the lack of sufficient heat, 60 degrees, is a material breach of the lease. Unfortunately, that issue, if the landlord refuses, would be one that a judge would have to decide.

You should, put all these complaints in writing in a formal letter to the landlord and demand that the defects be cured as per the lease. Try to tie the lack of heat to a specific clause in the lease if possible. (Commercial leases are not subject to the same requirements to provide heat during the winter and "implied warranties of habitability" as residential leases, you can probably make some general claims that the landlord is responsible for heat, and maintenance, and a catchall legal defense that the lack of adequate heat is a breach of your “quiet enjoyment" of the premises, and your use is impaired by the landlord's negligent or willful failure to maintain adequate heat. Send the letter to the landlord certified mail, return receipt requested or some other form or trackable delivery.

If you assert those defenses in the letter, and the landlord still refuses to increase the heat you will have no option but to bring the landlord to court for the breach of the lease claims I outlined above.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Expert:  KJL LAW replied 3 months ago.

if you have any follow up questions, please just ask.

Expert:  KJL LAW replied 3 months ago.

if you have any follow up questions, please just ask

Expert:  KJL LAW replied 3 months ago.

if you have any follow up questions, please just ask.

Expert:  KJL LAW replied 3 months ago.

Please let me know if you have any additional questions.

Expert:  KJL LAW replied 3 months ago.

If you have any other questions just ask.

Expert:  KJL LAW replied 3 months ago.

Please let me know if you have any additional questions.