Question:

Jennifer, 

My landlord refuses to properly fix a roof issue and the water is causing me to have to close my practice on a semi-regular basis.   What rights do I have? 

Thanks in advance. 

Dr. O

Answer: 

Dr. O, your rights are governed predominantly by your commercial lease agreement, which I need to review before I can properly advise.  That said, in general, most commercial leases will entitle the tenant to "quiet enjoyment" of the leased premises.  And will likely outline repair obligation, and rights on "casualty events", which may not be applicable here.  First, I need to see your lease.   Second, we can assess your rights under the lease.   Most likely, your lease will outline how your landlord is NOT your insurance carrier and your remedies are limited to potential rent abatement and possibly a legal action seeking the right to terminate the lease due to landlord's continued non performance (or breach).   As for your losses incurred, contact your insurance broker to ensure you have coverage for your furniture, fixtures and equipment, and also for lost profit. You may wish to make a claim.  

Once you share your lease agreement, we can have a more fulsome discussion.   

Your best protection is having the lease properly vetted PRIOR to signing, to ensure maximum protection should a situation such as the referenced scenario happen.  That said, Landlord's typically hold the leverage in this dynamic, and commercial leases are typically slanted in their favor....   Moving and replacement space costs often keep tenants put, understandably.    In this instance, sounds like you may need to face exit.