Landlord wont pay to fix HVAC

[heyscoobie]

I have a gross lease. Landlord held me hostage to a new air conditioner by requiring me to sign a informal letter saying I will be responsible for repairs to my AC after a new one is installed.
I was coerced into signing because my office was 80 degrees and I needed an AC and he refused to install a new one unless I signed the agreement.
I signed reluctantly. One year later the AC needs repaired and the landlord wont consider paying to fix it. What is my legal recourse.
Can I hold back rent equal to the repair bill. Isnt the landlord legally responsible? HELP

 

[HomeGuru]

Is your lease residential or commercial?
And what State?

 

[Gene Gayda]

Your post implies that you are not renting residential space. Correct this assumption if wrong.

In most states, non-residential rentals are not provided the consumer protections of residential L&T law. The theory is that both parties are more “equal” and can, therefore, better bargain evenly. In a surprising number of states, a non-residential eviction can be performed self-help. The owner simply changes the lock on the store holding all your goods as ransom for past due charges.

So, most probably, your relationship will be guided by any document you signed. Does the document say anything about this?

I have heard of Net Leases, Net Net Leases and Net Net Net Leases (sometimes called Triple Net Leases). The only areas I’ve heard about Gross Leases is for retail sales where the rent is a percentage of gross sales.

There is no standard pattern for Gross Leases. Since you did sign (albeit reluctantly) and then “performed” on your agreement for one year, you will be hard put to try to unilaterally renegotiate the deal now. And, just about no court would uphold your desire.

Yes, you can “hold back rent equal to the repair bill” if you enjoy participating in the eviction process (which, in your state, may be over in only a day or two).


Gene