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LawyerDavid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 376
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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I am currently leasing a commercial building in Burbank, CA.

Customer Question

I am currently leasing a commercial building in Burbank, CA. For the past few years, along with last week, the roof is leaking water when it rains. There is damage to my sub tenants office & personal property. The landlord has sent a repair man out a few times within the past 3 years, but no successful repair has occurred. I have attached the draft of the same form the landlord used for my lease. Please advise me which page you'd like to see from my actual lease so I can upload a photo of that page. would like to know who's responsible for the cost of damages & what I can do.
Submitted: 12 months ago.
Category: Landlord-Tenant
Expert:  LawyerDavid replied 12 months ago.

Hello: I am really sorry for your troubles with the property being leased. If the Lease is the same form as what the link goes to, very unfortunately, I am reading section 7.1 as saying you (the Lessee) is responsible for maintaining the property and the roof. This is very one sided language and the fact the Landlord has sent someone out a few times to repair it makes me think the lease you signed may say something a little different. Please attach a pic of the page(s) with sections 7.1 and 7.2 in them and I will take a look. Thanks, David

Customer: replied 12 months ago.
here is the requested document
Expert:  LawyerDavid replied 12 months ago.

Thanks, ***** ***** don't like reporting this but it appears to me you as the Lessee are responsible for the roof under this lease. One thing you should look closely at is you may have used a same or similar lease with your sub tenants. If so, the responsibility would flow by contract on to them. I don't know the relationship there but it may be a viable avenue to check and see if you can get some help with the repairs. Really sorry for the news, but I hope this in some way helps you! All the best, David

Customer: replied 12 months ago.
can we please check all provisions?
Expert:  LawyerDavid replied 12 months ago.

Sure, I am happy to look through anything you want to attach.

Customer: replied 12 months ago.
provisions i'd like to you to check
Customer: replied 12 months ago.
also this page
Customer: replied 12 months ago.
this page
Customer: replied 12 months ago.
this provision as well
Customer: replied 12 months ago.
lastly, this portion
Customer: replied 12 months ago.
When i leased the building, the damages were present & i can have the previous tenant confirm the damages prior to my entry
Expert:  LawyerDavid replied 12 months ago.

Okay, the critical fact you have mentioned is that the damages were present prior to entry. There are a couple of arguments you have:

1. Under section 2.2 the Landlord has 30 days to fix the damages from the time you entered the property. If the landlord said it would be fixed or if you asked for it to be fixed within the 30 days of taking possession of the property I would argue the Landlord is still responsible. If appears the Landlord has tried to fix it but it never has been remedied and because of that you and your subtenants have suffered damage the Landlord must now pay.

2. If you missed the 30 days, you might be able to argue the roof is not up to code under section 2.3 and if so the repair and damages that have occurred are on the landlord.

I hope this helps you! David

Customer: replied 12 months ago.
okay, i am going to now argue my city code regulations & proof that the damage was present prior to my entry
Expert:  LawyerDavid replied 12 months ago.

Sounds good, best of luck with everything! David

Customer: replied 11 months ago.
Since the day I received the property, the building hasn't seemed to code in many ways! who can i call in to view the building for problems that are not to city code?