HEAT?? or No Heat???

[BeckyHolm]

What is the name of your state (only U.S. law)? Oregon.
I am in a commerical building. There is gas heat here. The landlord, when I moved in in August said that I would pay a percentage of the gas bill based on my square footage.
Now, because another tenant, his wife, uses machines and equipment that creates heat, he doesn't want to turn on the gas.
They have given/lent me space heaters, but as it gets colder, they are 1) expensive, and 2) not effective.
The wiring in the building is outdated as well, and as I have computers on the circuits, I am concerned about overloading them.
Is there anything I can do to make him turn the heat on? I'm cold!

Thank you for any help!

 

[Number21]

If you moved into a place with a heater, and a lease, and instructions to pay for the heat energy you use, then yes, go find the thermostat and turn it up to whatever you want!

Tell them if they don't like it they need to provide you with other more adequate heaters and the appropriate wiring if necessary.

I don't completely understand though, are you sharing one space with someone else?

 

[You Are Guilty]

If you moved into a place with a heater, and a lease, and instructions to pay for the heat energy you use, then yes, go find the thermostat and turn it up to whatever you want!

Tell them if they don't like it they need to provide you with other more adequate heaters and the appropriate wiring if necessary.

I don't completely understand though, are you sharing one space with someone else?

And this would be incorrect. Becky, because you are in a commercial space, the terms of your written lease dictate what the LL does and does not have to provide. The laws of residential leases do not apply. Moreover, in the presence of conflicting information, the written lease and not the oral statements, is what controls.

With that said, what does your lease have to say on the issue of heat and utilities?

 

[Number21]

The landlord, when I moved in in August said that I would pay a percentage of the gas bill based on my square footage.

That is ALL we need to know to answer the question. I am fully aware he said commercial lease. If the landlord told you that you would pay for your own gas heat when you moved in, then you have the option to use as much freakin' gas heat as you want. Turn it up to 120 if you feel like it. If he's offering you a more expensive heating option (electricity) then tell him he can pay the difference or turn on the damn heater.

I JUST had this conversation with my commercial landlord. The woodstove was unuseable so she said "use an electric heater". I said, fine, if you want to buy me one big enough for an uninsulated shop and pay for all the juice. Now my wood stove is fixed all the sudden...huh....

Same thing, different scenario:
You move into a commercial building with a gas heater. Your gas heater breaks down. The landlord would be required to fix it unless there is something in your lease that says you have to do absolutely all maintainence and repairs on your building. (and most don't) The landlord can't say "I don't wanna fix it, use an electric heater".

 

[You Are Guilty]

That is ALL we need to know to answer the question.

Actually, as I explained rather clearly in my earlier response, no it isn't. You know whether her lease contains a merger clause? Whether it falls within the Statue of Frauds? Of course you don't. (And based on your ridiculous reply, you probably have never even heard the terms before now).

I am fully aware he said commercial lease. If the landlord told you that you would pay for your own gas heat when you moved in, then you have the option to use as much freakin' gas heat as you want. Turn it up to 120 if you feel like it. If he's offering you a more expensive heating option (electricity) then tell him he can pay the difference or turn on the damn heater.

Again, you have drawn a conclusion absent the pertinent facts. An oral agreement about a written commercial lease (ignoring issues of proving the oral statement) is more often than not, unenforceable. So don't advise someone to rely on the oral promise when there may be no legal basis to do so.

I JUST had this conversation with my commercial landlord....

In case you haven't figured this out yet, what happened to you has nothing to do with any one else's situation.
Same thing, different scenario:

You move into a commercial building with a gas heater. Your gas heater breaks down. The landlord would be required to fix it unless there is something in your lease that says you have to do absolutely all maintainence and repairs on your building. (and most don't) The landlord can't say "I don't wanna fix it, use an electric heater".

Actually, depending on how the lease is written - and, if it's written like most commercial leases are these days - yes, the LL absolutely can say that and have it hold up in court.

Please refrain from offering advice about things you no nothing about. It can easily get someone who doesn't know any better in trouble.

 

[Number21]

Actually, depending on how the lease is written - and, if it's written like most commercial leases are these days - yes, the LL absolutely can say that and have it hold up in court.

Please refrain from offering advice about things you no nothing about. It can easily get someone who doesn't know any better in trouble.

If you move into a place with an appliance, and it breaks, the landlord is responsible to fix it 99% of the time, commercial lease or not.

I know plenty about what I'm offering advice on and you know no more about her situation than I do...but you think you're an expert on it.

Your name explains it all.

 

[You Are Guilty]

Bu If you move into a place with an appliance, and it breaks, the landlord is responsible to fix it 99% of the time, commercial lease or not.

And with this comment, you have done us all a favor and illustrated your ignorance better than I ever could. Try doing some research before inserting your e-foot into your mouth.

I know plenty about what I'm offering advice on and you know no more about her situation than I do...but you think you're an expert on it.

You know so "plenty" that you were the one who came here asking questions yourself? Makes perfect sense. Out of curiosity, how many years have you been practicing law? Care to wager how many I have? (Because that's what makes me the "expert on it").

 

[Number21]

Out of curiosity, how many years have you been practicing law? Care to wager how many I have? (Because that's what makes me the "expert on it").

Just because you "practice law" does not make you an "expert" on it. There are PLENTY of stupid, worthless lawyers out there...and again...your name describes you pretty well.