Saturday, January 16, 2010

My Industrial Lease doesn't say anything about pest control and we have termites.Who pays?

The lease states:Lessee shall,at Lessee's sole expense,keep the Premises,Utility installations and Alterations in good order,condition and repair,including,but not limited to,all equipment or facilities,such as plumbing,HVAC,equip., electrical,lighting facilities,boilers,pressure vessels,fire protection system,fixtures,walls (int.%26amp;ext.),ceilings, floors,windows,doors,plate glass,skylights,landscaping, driveways,parking lots,fences,retaining walls,signs, sidewalks,and parkways.Lessor shall keep the surface and structural elements of the roof,foundatoins,and bearing walls in good repair.Lessee shall procure and maintain contracts w/contractors for:HVAC,boiler %26amp; pressure vessels, fire extinguishers,landscaping,clarifier,basi鈥?utility feed and any other equipment.It doesn't say anything about pest control anywhere.It does say, however:It is intended by the Parties that Lessor have no obligation to repair %26amp; maint. the Premises, all of which obligations are intended to be that of the Lessee.My Industrial Lease doesn't say anything about pest control and we have termites.Who pays?
It's the landlord's structure, he should pay for it if he wants that structure to remain intact!My Industrial Lease doesn't say anything about pest control and we have termites.Who pays?
';Lessor shall keep the surface and structural elements of the roof,foundatoins,and bearing walls in good repair.';





That implies that they should be responsible for damage the termites caused, but not necessarily the termites...and if this is a new problem, may not apply.





';It is intended by the Parties that Lessor have no obligation to repair %26amp; maint. the Premises, all of which obligations are intended to be that of the Lessee.';





That's pretty clear, though - it looks like you're stuck with it.





That's a random stranger reading it though. If it were me in your situation, I would take it to a real estate agent or perhaps a lawyer to clarify. (Might be cheaper just to pay for the pest control, though, once lawyers get involved things get expensive...)
What type of business do you conduct there? If it is anything involving wood, or if there is a chance that termites could have come in through your use of the premises, then there is no doubt that you'd be responsible for pest control. But if you don't handle any wood or anything wood-related then try asking the landlord to take care of the termite problem. If the landlord gives you an argument then you'd be better off taking care of the pest control yourself. It wouldn't be worth the fight with the landlord. But give it a try first.
If the condition was pre-existing (before you signed the lease) then the landlord should pay otherwise, it is the tenants costs to bear as part of its repairs and maintenance expenses.

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