As a commercial tenant, what are my rights to repairs?
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As a commercial tenant, what are my rights to repairs?
I leased an auto repair shop recently. I looked at the property twice before I signed the lease. When I moved into the shop, I noticed the canopy type doors would not operate, lock or seal properly. I confronted the property manager about it and he said he would take it up with the owners. After a long time of back and forth with emails and conversations, the property manager stated that the owners would pay for only 40% of the cost to replace the bay doors (total of 5 doors). The canopy type doors are outdated and no repairs can be done. They must be replaced with roll-up bay doors. The cost exceeds over $17,000 and the landlord wants me to contract the company, pay them in full and then I would deduct 40% from my rent?
Asked on August 16, 2014 under Real Estate Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You can absolutely deduct the repair from your rent but should deduct all of it as this is property you are leasing and not property that you own. You cannot take the bay doors with you as they will be attached to the property and therefore, you need to ensure you contact your local city or county attorney to discuss whether or not you can get out of this contract.
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