Q: who is responsible for repairs on demising walls between leased spaces?
My leased spaced requires additional soundproofing, we're a gym and our music is loud. When the space was built we paid for sound proofing with our TI allowance. Now, a year into our lease, our landlord is saying we need to add soundproofing to the demising wall that separates us from the adjacent spaces. $36K. Is it our responsibility to pay this can they kick us out?
A:
That is an interesting question, but it raises a host of other questions which need answers before any lawyer can give you an answer. The questions include: Has the adjacent tenant complained? What is the basis for his complaint? Has he made sound measurements, and if so, where? What time of day is he complaining about? What rooms are affected, and where are those rooms relative to the source of the noise? Were the complaining tenants there before or after you leased the space? What happened between the time you leased the space until they complained that caused the other tenant to complain?
If you consult an attorney s/he will probably have other questions after you have answered all those I have listed.
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