Is lease broken if building is condemned unsafe for occupancy by city?

[bostonartist]

What is the name of your state? Massachusetts

Just trying to find out if a commercial lease for artist space would by law be considered broken if the building has been currently condemned by the Fire Dept. because the building has been deemed unsafe for occupancy?

Is that something that would have to be specified specifically in the lease agreement? Or if it is deemed unsafe for occupancy by the city does that just automatically make the lease then null and void?

This is a commercial lease for artist space in an old building.

 

[BL]

If a building is condemned , it's not suppose to be occupied by anyone .

It was deemed unsafe .

 

[bostonartist]

Okay, here's the part that me and my studio mates aren't sure about. The LL is attempting to make repairs to bring everything up to code and pass inspections.

So, if the LL is attempting repair, but the building has been condemned does that then nullify the EXISTING lease and (should the building be deemed habitable again) would need to be renegotiated? Don't get me wrong, I'm moving out (once I can get access to my things), just trying to understand if we'd be held accountable to the original lease if the building is brought back up to code and the condemned status lifted.

 

[BL]

There is a difference on the LL being cited for violations and given time to make repairs , and the build. being condemned .

Hasn't the city put up condemned notice ?

If so what does the notice state ?

 

[bostonartist]

Yes, a notice has been posted on the door. I don't have the exact wording on me (a studio mate took a picture of it and I don't have a copy yet), but it says something to the effect that the no one is allowed in the building and it has been deemed unsafe for occupancy.

 

[BL]

Yes, a notice has been posted on the door. I don't have the exact wording on me (a studio mate took a picture of it and I don't have a copy yet), but it says something to the effect that the no one is allowed in the building and it has been deemed unsafe for occupancy.

The LL breached the lease , plus you can not be in there .

Move ASAP .

BTW don't pay anymore rent , and request any sec. deposit back in writing sent RRR Certified mail with a forwarding address .

Keep a copy and the receipt , and if it comes back unopened do-not open it but keep it for court when you sue for it's return .

 

[bostonartist]

Thanks!!

We stopped paying rent. Moving will be tricky 'cos we can't get in. No power in the building and need an elevator to get stuff out. We figured we should send the LL our moving bill.

 

[FarmerJ]

Make sure you get a copy of the condemnation order from the city for your own records.