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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Repairs by Lessor

    My question involves landlord-tenant law in the State of: South Carolina

    My question is should the landlord pay for this repair/replacement in full? Replacement/repair this time will be WAY over the $500.00 stated in the last line.

    This is a commercial lease and the air conditioner has stopped working again.Air unit is about 20 years old. It has been repaired at our cost for the last 5 years but now it is just to old and should be replaced (per HVAC tech that handles our maintenance). We are trying to have the air repaired/replaced but keep getting the run around from the management company.


    Thanks in advance
    Tom Cahill

    Lease states

    GOOD ORDER AND REPAIR: Lessee will keep said leased premises in good order and condition, clean at all times, inside and out, and surrender same at the expiration of the term herein or any renewal or extension thereof in the same order in which they were received, subject to usual wear and tear and to Lessor's obligations herein, if any.

    a. REPAIRS BY LESSEE: Lessee will, at his risk,, cost and expense, during the term of this agreement or any renewal or extension thereof, make all interior repairs or improvements to said leased premises as same become necessary or are required to keep leased premises in proper condition and good appearance including, but not limited to paint, redecorating and renovation, and will keep all fixtures and equipment serving the leased premises relating to the heating,air conditioning, ventilating, electrical, plumbing in good working order and repair.Lessee shall also be responsible for a preventive maintenance contract for the HVAC system, a copy of which will be provided to lessor, and will include at least two(2) routine services per year. Lessee shall be responsible to replace the filters monthly.

    b. REPAIRS BY LESSOR: Lessor, when necessary and upon notice, will maintain the structural components of said leased premises not caused by the negligence of lessee to include the foundation, roof, and exterior walls in which the leased premises is located. Provided lessee has a preventive maintenance contract on the HVAC system in force at all times during the lease term and any extension, the lessor agrees to bear the costs of repairing or replacing major components of the HVAC system on an "as needed" basis; however, lessor shall only be responsible for major repair or replacement cost which exceed Five Hundred and No/100 Dollars ($500.00) per occurrence.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Repairs by Lessor

    The lease says the landlord is responsible for repairs and replacements over and above $500. He's on the hook.

    Have you retained counsel to prod him along?

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