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

[Rob Rowley]

Grease trap came with the property 30 years ago. Tenant has it periodically
serviced.



*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Douglas Scott
*Sent:* Friday, July 7, 2023 1:42 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Commercial Lease - What Constitutes Reasonable Use
and Wear?



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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