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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37682
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I am a tenant and our building was sold to new landlord in

Customer Question

I am a tenant and our building was sold to new landlord in March of 2015. In 2014, previous landlord retrofitted a bedroom window for a dryer vent requested by us. In July of 2015, we signed a new lease with new landlord with clause "Tenant acknowledges that Tenant is accepting premises in its "as it" condition as of the date of this lease. We will be moving out June 2016 and landlord says it is our responsibility to restore the window to it's original condition...which was prior to lease and prior to her purchasing the property. Can she charge us for removing the retrofit and restoring the window to working condition?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good evening Lori,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As you had permission from the original owner to have the vent installed and the vent existed as of the date that the new owner closed on the building, the new owner must take the building as it is and as it was allowed to be modified by the previous owner.

You cannot be forced to return the window to the original condition that existed before they bought the building and which was retrofitted by the previous owner and not by you without permission. So long as you did not agree with the previous owner that you would be responsible to change the window back to original condition on move out---which I presume was not the case---then you certainly don't owe that to the new owner either.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good evening Lori,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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