QUESTION
In a Commercial Lease is there ARE LANDLORDS RESPONSIBLE FOR REPLACING HVAC UNIT COMPLETELY
Asked on Sep 15th, 2013 on Commercial Litigation - Nevada
More details to this question:
I have a Dance studio. I been there for 10 months since last month I been repairing parts of the AC. But now the HVAC unit needs to be replaced completely. it is 25 years old. Is there a law in NV that protects me. The lease says I'm responsible for everything after 90 days of power being turned on. I can't afford to replace a complete unit given I only have 2 years on the lease. Can you please guide me in the right direction..
1 ANSWER
R. Christopher Reade
There is not a statute per se for commercial leases, as maintenance and repair of HVAC units is usually defined under the lease in commercial leasing siutation. (NOTE: the answer would be different for a residential lease under Chapter 118A of the Nevada Revised Statutes). You should have your lease reviewed by a real estate attorney. Usually maintenance of the HVAC Unit is the Tenant's responsibility but replacement of the HVAC is considered a capital improvement for which the Landlord may be responsible since the benefit of a new HVAC unit would inure to future tenants after your two years is up.
Answered on Sep 16th, 2013 at 12:28 PM