Q: Would a building repair requirement be considered different than a refurbishment, improvement and/or remodel?
We signed an "as is" provision within a lease amendment of a commercial building. The amendment was to add additional space to the original lease. In order to meet our business needs, we made remodeling improvements to the interior of additional space. As a result of the inspection requirements under the remodel, the city, fire dept. and water district found code violations to the building premises. We paid for all of the required repairs to bring the building up to code. The landlord is now stating that he is not responsible for required repairs to the building because, under the amendment's "as is" provision, the landlord also disclaimed any financial responsibility for any "refurbishments", "improvements" and/or "remodel" to the building and the inspection would not have been required if we had not remodeled the building. We are seeking financial relief from the landlord, as the "repairs" were required due to code violations and were not intended as part of our remodel plans.
You should consult with a local attorney familiar with construction law and real estate. Sometimes when you remodel more than certain percentage of the total square footage of the premises you are then require to bring the entire structure up to code. This means that the premises might not have been up to code but might have been "grandfathered" in as long as any work done was minimal. Some times changes to the local code or those by the ADA require that the premises be up to code even if no remodeling or repairs are done. Gather all the information regarding every violation and discuss with an attorney any options you might have under the "as is" provision and local law.
My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on this information without first consulting with your own lawyer and discussing your specific facts and available options in detail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.