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justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12554
Experience:  Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,
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I owe a commercial warehouse for 14 years and have rented it

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I owe a commercial warehouse for 14 years and have rented it out for that period of time . I found out there is a environmental problem. Is the broker who leased the property, or the tenant, or landlord responsible for the cost of removing the matter?


Good morning and Thank you for your question, My Name is Andrea and I will glad to help with your question, but need a bit more information, if you do not mind,


1. You have owned the property for 14 years ?

2. Could you be a bit more specific about the type of environmental problem that exists?

3. How long has the environmental problem existed ?

4. Do you know who caused the environmental problem ?


Thank you,





Customer: replied 3 years ago.

I don't know the extent of the environmental issue.

It was discovered when a potential buyer had a survey done.

Then it was learned that the former owner had a mechanical shop on

the property


Thank you for your additional information, Mary,



Where an environmental problem exists on property, the responsibility for correcting the problem would rest with the tenant, if the tenant did anything that caused the environmental problem. But, if the tenant did nothing to cause the environmental problem, then the tenant would not have the responsibility of correcting it. If the broker had no reason to know about the environmental problem and had no responsibility to order a survey, then he or she would have no obligation to do anything to eliminate the environmental problem. The owner of the property would have the obligation to do whatever was necessary to eliminate the environmental property,



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