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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
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 rented a office and from the first day, the AC was not

Customer Question

We rented a office and from the first day, the AC was not working properly. Technician came 4 times and took 2 months. When he fixed it, he told me the AC is old and we didn't use it because winter is here. Now after 6 mths, when we start using the AC again, it's broken again. Do I have to be responsible for the fix since I have used less than 2 weeks of the AC. We told management about the problem since June and it's September now. We live through summer with no AC. Could I make them pay for the fix?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 1 year ago.

Commercial lease agreements are a little more complicated than residential leases (if this was a residential lease, it would be fairly straight forward, and the landlord should fix the issue with no increase in rent).

However, with commercial leases, you will have to inspect the lease terms themselves to determine whether or not there is something in there related to maintenance or repair of the fixtures (such as the HVAC). If you are only renting an office in the building, there shouldn't be any requirement for you to pay for these repairs, but you need to check your lease to be sure.

Assuming however, that your office lease does not make the tenant liable for any repairs or maintenance, the landlord should fix this for you at their cost. Remind the landlord that you could sue them for the reduced value of the property over the last summer (which was unseasonably hot) without air conditioning.