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Leaky space - Who is responsible?

Provided by:  Jennifer Kirschenbaum, Esq.

May 22, 2018

 

Question:

Hi Jennifer, 

I have a leak in my premises.  What should I do?

Dr. F


Answer:

Well, the first thing you have to do is to pull your lease out of the drawer and see who is responsible for repairs in your space, which may depend on where the leak is originating from.  Whether the leak originated from a pipe that's underneath your sink or piping that's in the walls, or possibly in the frame of the building leading to your premises may vary who is responsible for repair.  Your lease is going to dictate whether it is you or the landlord who is responsible for remediating any problems in the space, and also who is responsible for what insurance to cover for such damage. With most leases, there is a tremendous financial obligation over the course of the term (when added cumulatively), which is why having a lease reviewed and negotiated is crucial.  Even if a landlord is not willing to give on points, its important to (at a minimum) understand what you are getting yourself into, and where that obligation deviates from industry standard.   

For specific advice on your actual lease, or to review terms for a new or existing obligation, call or email me or Jodi Perlman (516 747 6700 x. 326; JPerlman@Kirschenbaumesq.com).  


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