Question:

Hi Jennifer,

My landlord has not fixed a hole in our ceiling in one of our treatment rooms for a long time after notice. What do I do?  

Thanks, 
Dr. J

Answer: 

Without seeing your lease, I really can’t answer the question because your landlord’s obligations should be spelled out in that document, as will your rights and obligations.  Of all legal agreements, in my experience, real property leases are neglected the most.  Most clients will not take the time to really dig in and understand what’s in a lease when it’s presented to them and they will, understandably given the complexity and volume of most leases, put all of their trust into a law firm, without must oversight.  A stark reality - most leases are signed without many changes and without much consideration.  Since the leases are drafted by landlord counsel, they are usually heavily weighted in landlords favor, and unless properly negotiated, tenant will be at a significant disadvantage when it comes to repairs, additional costs rights as a tenant and remedies on any potential default.  Happy to address this specific question after you send over your lease. It sounds like based on your asking and you not fixing yourself that perhaps you do not have a self-help provision. Let’s check.  Unfortunately until it’s time for renewal, and even then, because you’re in a significantly disadvantage position having already signed the initial lease, you may have little leverage with this landlord. 

Our leasing team led by Stacy Spector, Esq.  (sspector@kirschenbaumesq.com) has tremendous experience having success for tenants and should be consulted prior to signing any real property lease.