[WSBARP] Commercial Lease - What Constitutes Reasonable Use and Wear?

[Douglas Scott]

Did the grease trap come with the premises belonging to the landlord such
that it was part of the leasehold. If so, then the landlord must replace
it.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Fri, Jul 7, 2023 at 12:33 PM Rob Rowley <rob at rowleylegal.com> wrote:

> Assume long term commercial lease for a restaurant where the sewer
> collapses in the parking lot where it connects to city sewer line due to
> old age.  Building was built in early 1950s.
>
>
>
> As part of the landlord sewer line repairs the old grease trap inside (not
> a cause of the line collapse) has to be now replaced at great cost to
> tenant to bring up trap to code.  But for the line not collapsing the
> tenant would not be bearing the new grease trap replacement cost.
>
>
>
> When I review the below relevant lease section landlord is liable for the
> exterior (which I say includes sewer line).  Tenants usage over the 3+
> decades constitutes “reasonable usage and wear” for which the landlord has
> fully amortized.
>
>
>
> What says the brain trust?
>
>
>
>
>
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>
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