[RPPTL LandTen] commercial Landlord or Tenant question

[Anthony J. Horky]

Does anyone have an opinion on the following fact scenario and lease provision:

Air conditioners for premises must be replaced and the question is who will be responsible for the replacement.

Commercial triple net lease states:

Tenant agrees that it will, at its own expense, maintain and repair the Premises and all exposed fixtures and appurtenances therein and all fixtures and appurtenances installed by Tenant, together with any damage caused to any other fixtures or appurtenances caused by the negligence of Tenant or its agents or guests.  Such repairs and/or replacements shall be in quality and class at least equal to the original work and shall be performed at such times and in such manner so as to cause the least interference with the operation of the remainder of the Property.  The Landlord shall maintain and make necessary repairs and replacements to the exterior and structural portion of the Premises.  Tenant shall be responsible at its sole cost and expense for maintenance and repair of the heating, ventilation, and air conditioning systems related to the Premises.


Your thoughts and opinions are appreciated.  Thank you.


Regards,

Anthony J. Horky, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard
Suite 1950 Broward Financial Centre
Ft. Lauderdale, Florida 33394
Telephone: 954.467.2200 ext. 225
Facsimile:  954.467.2210
E-Mail: ahorky at mbhlawyer.com<mailto:ahorky at mbhlawyer.com>
Website: www.mbhlawyer.com<http://www.mbhlawyer.com/>


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