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Small Business with Commercial Lease - Who Fixes the Roof?

Discussion in 'Commercial Law Forum' started by christine hammond, 7 May 2014.

  1. christine hammond

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    Hi, my husband and I have gone into a small business via vendor lending, so we lease the land and property ( commercial lease), but are purchasing the stock and all the fixtures. The landlord said they were going to do the roof before we came in, but as we did the vendor lending it wasn't done, and now its been 3 months and we have had a lot of rain. The leaks are ridiculous in the shop kitchen, and the shed which is our living area. Now they are saying we said we would do it, but that is not true. We said would help landlord's husband, not the costs just help put it up. We pay $450 a week rent and $750 a week towards stock and $958 a week paying fixtures that is all together $2158.28 a week which includes interest. Just wondering were we stand legally?
     
  2. John R

    John R Well-Known Member

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    Hi Christine,
    Do you have any written correspondence with the landlord in relation to the roof issue?
     
  3. Sophea

    Sophea Well-Known Member

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    Yes, further to John's comment above, what does your contract or lease say about roof maintenance? Was there any notes made on the contract regarding what would happen with the roof? What is the basis for the landlord now not wanting to fix the roof, was it because you entered into a vendor lending arrangement? A little more information would be helpful. At this stage it definitely appears that you would have rights to make the landlord fix the property.
     

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