Landlords left with an empty store
Feb 11, 2018
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After interviewing one broker from 5 areas, it is conclusive that many Landlords are guilty of not addressing issues that a new tenant may have. Here is an example: New Tenant takes a store, in some cases they spend $10,000 to fix and set up a place, and in many cases they spend closer to $25,000 dollars to set up their new business.
Straight to the point-After a tenant modernizes his/her new place of business, leaks from above apartments can happen. So the tenant contacts the Landlord about it. If more than 7 days go by, and the repairs are not made, you can see how a new tenant may end up disturbed. And if the new tenant contacts the Landlord once again, he/she hopes that it will be taken care of.
Okay you have a lease, but the Landlord is just as obligated as the tenant.
If damage has been done to furniture, carpets, desks, and equipment, the new tenant would hope the issue would be taken care of by the Landlord.
Now if several months go by, and still their are problems with leaks, you can see how a new tenant starts to become annoyed. If the Landlord takes six months to finally hire people to repair the 2nd. floor leaking problem and attempts to fix any problems on the first floor new tenants premises, the then current tenant can be at a point of disgust.
Finally after 1 year in the new store additional problems occur and the tenant notifies the Landlord once again. This now becomes overwhelming to the new tenant and his workers.
And if the Landlord does not in good faith respond, address the issues in a reasonable time frame, you can now see why a tenant can be fed up with the Landlord and premises.
Keeping in mind, that the rent was always paid each and every month while all these unfortunate circumstances kept arising.
One day the Landlord finds out that the tenant moved out. How can that be the Landlord says. And the Landlord says but he has a lease.
First thing a Landlord has in mind is to sue the tenant-usually
But if you sue you will be countered sued for sure.
In addition a Landlord has to hire an attorney that costs money.
Also while the Landlord is suing the former tenant, he begins losing rental income and can not re-rent the premises while the lawsuit is on going.
Nor can the Landlord sell the building with litigation going on.
You can argue the landlords rights all day long.
But negligence, and response to correct the problems that become ongoing is for a judge to decide.
You can argue the Tenants rights all day long.
But if your premises, furniture,equipment,carpeting has been damaged and elongated time has elapsed meaning a year or longer and problems still exist, what else must one do.(Stay the remaining 7-10 years because you have a lease?)
Reasonable time to repair is a given. But ongoing, and more than a year is not acceptable or FAIR to any Tenant.
Sometimes a Landlord should not be a Landlord in certain cases.