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  1. #1
    Join Date
    Jan 2014
    Posts
    7

    Default Responsibility for Repair of a Water Leak in a Commercial Tenancy

    My question involves business law in the state of: California

    I currently are in lease with this 70 years old building and running business.
    Due to recent heavy rain, the roof was leaking a lot of water and the restaurant was almost flooding.
    So I requested this roofing problem to the landlord to fix the problem before it gets worst.
    The next day the roofing company came and fixed it. However, while they are fixing the problem, the workers broke the pipeline.
    Due this problem, I couldn't use the water and there was a lot of water going into a water heater system.
    So I updated the landlord with this problem and the next day, he sent out a plumber to fix it.
    However, when I come back the next day, the water was still leaking. So I contacted the owner and begged him to fix the problem.

    It gets interesting from here. Due to several spots of pipeline damage, the water poured down our ceiling and into the water heater. However, the plumber said the water heater has the problem and there is no leaking from the ceiling. But I see the water coming down from the ceiling!! The workers don't speak proper English. I recently bought this water heater system 3 years old and there's no way it suddenly breaks. The landlord is telling me to fix the water heater system because it's inside the building, but it's broken due to water leakage. Seriously I have all the videos and pictures of leaking (seriously pour raining) into the building.

    Who needs to fix this problem, landlord or me?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Responsibility for Repair of a Water Leak in a Commercial Tenancy

    If the problem does originate with the landlord's repair crew, then the landlord and his repair crew should fix it.

    If the problem originates elsewhere, you will need to review your lease to determine how responsibility for maintenance and repair is divided between you and your landlord. In many commercial leases, the landlord's responsibility is for the exterior roof, exterior walls, and common areas, with the tenant responsible for everything inside the rental unit.

    You say "the water poured down our ceiling and into the water heater" -- do you mean "onto"? If you can prove that the contractor was negligent in performing a repair and, as a result of that negligence, damaged your water heater, you can attempt to recover damages from the contractor. But from what you say, the contractor denies any responsibility for the water that fell into / onto the water heater.

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