Posted by urbanite on December 11, 2007 at 11:34:05:
Thanks for responding, Rich. The lease they signed, which has now been revised, does not speak to responsibility for HVAC systems.
Withholding $ for Commercial Property in Colorado - Posted by urbanite
Posted by urbanite on December 07, 2007 at 08:56:56:
I have two Colorado specific questions involving commercial property I rent and that I am seeking help with. The tenant is in their third year of a lease, two of which have been with us.
The first is concerning the HVAC system in property I own. They have been complaining that the HVAC system is sub-standard because there are areas in the space that either do not heat adequately and others that heat to the point where they have to open windows. I have had technicians in to repair the problem but the investment required to adequately address the issue is more than we are willing to spend.
We reconfigured their rented space in order to address the problem by dividing suites according to the way the building was constructed as it has been modified numerous times over the years. Their rented space now encompasses two suites, but it has not worked to their satisfaction. And they are now stating that the space is less than the square footage agreed to.
The tenants are now threatening to withhold rent and sundry fees, such as CAM until we address the problem.
Can they do this?
Thanks in advance.
Re: Withholding $ for Commercial in CO - Posted by Rich-CA
Posted by Rich-CA on December 07, 2007 at 18:36:51:
What does your lease say? There are fewer laws governing the relationship between commercial tenants and their landlords, and these are almost all contract law, so checking what the lease says is most important. In some kinds of leases, the tenant is responsible for all this and in others there is a dividing line based on what both parties find agreeable.
I would have the sq ft of the new suite configuration measured and if it is smaller, reduce their rent accordingly. If its larger, increase their rent as well. Teach them to rock the boat before checking the facts.