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Furnace Repair Causing Foul Odor in Leased Retail Shop

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33k

Junior Member
We leased a commercial retail space in New Hampshire that has an oil furnace. When the time came to turn it on this fall, the landlord discovered it did not work. He had said the oil tank was full, but it was empty, and the furnace would not turn on.

The repair person came and after the repair, the underfloor crawlspace/hole where furnace and tank had a terrible odor. It is still seeping into the shop- and we are a nature store where serenity and scent sells our products. Thus, having it smell like exhaust or a gas station is NOT good.

The space had been empty for >1yr and the landlord did not once check to ensure the furnace was working.

Now, he wants to install electric heating units instead of using the oil furnace.

Do we have a legal right to a fully-functioning, non-stinking oil furnace, since that was the heating system in place when we signed the lease? Electric heat will be much more expensive.

And, since it is not practical to vent the dirt crawlspace below the building (our entire inventory would have to be removed from the shop and it is now the holiday season), what is our recourse for the stench? We leave every day feeling ill.

Thank you,
33k
 


Mass_Shyster

Senior Member
It sounds to me like a tank full of heating oil leaked into the ground beneath you. I suggest you start looking for new space, as there's a good chance, if my guess is correct, that the building you are in will be condemned.
 
Last edited:

FarmerJ

Senior Member
Have you carefully reviewed your lease to see who is to maintain the heating system ? If the LL is, then its up to LL as to what kind of heating system to install if the other has failed and yes I agree with steve if that oil tank leaked and contaminated the ground it could be a bigger mess , if nothing else let the LL install new electric heat if the electric panel will carry electric heat okay and see what you can do to ventilate the crawlspace or your retail space itself. (when is your lease up ?)
 

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