[RPPTL LandTen] commercial Landlord or Tenant question

Mon Apr 18 08:32:45 PDT 2011

I'd construe it against the drafter (which I presume was the LL).  The
LL remembered to use the word "replacements" in the second and third
sentence, yet chose not to address the "replacement" issue in the last
sentence.  This leads to an ambiguity which IMO would be construed in
favor of the T/non-drafting party.  

Greg

Greg Hass, Senior Counsel

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Monday, April 18, 2011 11:19 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] commercial Landlord or Tenant question

The last sentence specifically deals with the HVAC system and it does
not contain the word "replace". 

David  Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

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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