Who's responsible for a/c unit repair on roof of commercial? landlord or tenant?

 
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Old 04-08-2009, 02:45 AM   #1
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Who's responsible for a/c unit repair on roof of commercial? landlord or tenant?


I lease a space in a strip plaza of about 10 tenants and one of my two a/c units needs a new compressor and two new belts. I am the only tenant that uses these two a/c units for my store and they are directly on the roof above me. Everyone has their own a/c unit.
I've occupied the space for 4 years and I am wondering should the landlord be responsible for these repairs or the tenant? Not to mention shouldn't there be warranty for some of these parts?

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Old 04-08-2009, 03:39 AM   #2
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Re: Who's responsible for a/c unit repair on roof of commercial? landlord or tenant?


What does your lease agreement say?

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Old 04-08-2009, 08:08 AM   #3
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Re: Who's responsible for a/c unit repair on roof of commercial? landlord or tenant?


It all depends on your lease agreement, I have small commercial building and I lease out the majority of the space. We charge the tenants Tax, maintenance, and insurance on top of their square footage amount.
If something should go wrong with the AC unit I would be responsible to repair it with my agreement.
I leased a unit some years ago in a multi unit complex and if I remember correctly we had a gross lease, if a Ac unit needed replacing monies from gross lease would be used to pay for the unit.
Last fall I was called to a job where there was a large leak around a AC unit. discovered that it was the wrong unit for the curb and with driving rain it entered through curb.
Apparently in the lease agreement that was signed tenant was responsible for all repairs and maintenance for his unit, however landlord agreed to supply a new unit if tenant would sign a 4 year lease agreement.

Depending on the vacancy rate in your area you may have a few bargaining chips to work with.
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Old 04-08-2009, 08:09 AM   #4
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Re: Who's responsible for a/c unit repair on roof of commercial? landlord or tenant?


My lease agreement says that I'm responisible for the ac.

However, when the unit when out last month, I called the landlord and explained that I would not buy a new unit to replace one that was already 15 years old when I moved in.

He agreed and bought a new one. (from the hvac guy next door win/win)
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Old 04-09-2009, 11:01 AM   #5
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Re: Who's responsible for a/c unit repair on roof of commercial? landlord or tenant?


My lease agreement says I am responsible for repairs and maintenance but not replacement. It all goes back to your lease agreement.
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