[RPPTL LandTen] commercial Landlord or Tenant question

Mon Apr 18 08:14:53 PDT 2011

It sure seems like a lot of commercial leases routinely fudge on this
key issue about replacing HVAC...

David S. Drobner
Attorney At Law

Miami Tower
100 S.E. Second Street, Suite 4200
Miami, Florida  33131-2114 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J.
Horky
Sent: Monday, April 18, 2011 11:12 AM
To: Landlord/Tenant Committee (landten at lists.flabarrpptl.org)
Subject: [RPPTL LandTen] commercial Landlord or Tenant question

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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