[RPPTL LandTen] commercial Landlord or Tenant question

[Alberto M Cardet]

The landlord is only agreeing to make "repairs and replacements to the
exterior and structural portions" I think the Air conditioner is the
responsibility of the tenant as per lease and chapter 83.  On the attached
case landlord's attorney err'ed and accepted liability for A/C, but case
sited to by court I think is on point with your facts

City of St. Petersburg v.Competition Sails, Inc., 449 So.2d 852 (Fla. 2nd
DCA 1984)

 

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:  <mailto:ahorky at mbhlawyer.com> ahorky at mbhlawyer.com

Website: www.mbhlawyer.com <http://www.mbhlawyer.com/> 

 

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