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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7073
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I signed a 5 year commercial lease durring the negotiation

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I signed a 5 year commercial lease durring the negotiation process i asked to have the HVAC replaced and the electric upgraded, after a while i ended up telling them i would except the building " as is " a phrase that was put in lease. I know this is a hard question to answer for you not being able to read the lease but i am just asking for your best answer given what you know about commercial leases . I should ad this is not a triple net lease . and the issue i have is not specifically addressed in the lease probably given the fact that this situation is unique . OK so on to the issue at hand After submitting our proposal to the city to the water department steps in and tells us that they will not supply us with city water given the fact that the water line under the ground coming into the building is not up to code and the building does not have its own shut of valve or curb stop as they call it the building is connected to a few more buildings and it shares a curb stop with the ajoining building which is not allowed . So we muct hire a plumber dig the ground up and get the water line and valve up to code before the water department supplies us with water. Long story short this is expensive and i want to back out of the lease. I did sign the lease as a LLC and i just formed the LLC and it has only borrowed assets. what are my chances that the land lord will win a case against me and get the lease to stick ?? thanks for your help !
Welcome and thank you for your question. I will be the professional that will be assisting you.

Taking the lease "as is" and the building not being up to code are different issues. What does the lease provide, if anything, on the building codes?
Customer: replied 4 years ago.

I don't think it states anything about codes i should say that i have not moved in yet and that if the work to be done was inside the buidling i would have no issue with it but this has to due with the under ground water source have you ever heard of such a thing ?? i guess the reason being is that the building had one owner for the last 50 years and the water department had no reason in the past to check into them. the lease does state that i am reasonsible for maintaiing the inside and they are responible for maintaining the exterior including the roof etc but nothing is mentioned about the water i guess because this issue rearely if ever comes up ??

A landlord, under a commercial lease, has the duty to repair building code violations that are essential to running of your business.

Would this repair be essential to running your business?
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Customer: replied 4 years ago.

most defintley if the repair is not done the water company will not supply water to the building . water is essential in runing my business . the water

You have lawful grounds to break the lease. As far as your liability if you do not sign a personal guarantee the landlord cannot sue individually. That being said the landlord will not have grounds to sue anyone.
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Thank you.