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I am a Sub-Leaser of a commercial property. My floor was ruined by a flood due to another tenant. Am I responsible.
Anonymous5 views2 answers
I came to work and found 2 inches of water flooding my Tattoo shop. The flood ruined my laminate flooring. It was determined the flood was caused by a clogged drain pipe from a separate sub leaser in the same building who has a hair salon.
The pipes run behind my wall. My landlord says I'm responsible for any and all damages because it is a commercial property. I do not find anything in my renter's lease that says I'm responsible for "umbrella damages".
Since I had nothing to do with the cause of the flood and I am just renting a portion of of my landlords sub-divided building, Can I deduct the cost of the food repairs from my next months rent?
It's a toss up but the facts are in your favor. I would highly recommend speaking with a landlord/tenant attorney. A lot of landlord/tenant attorneys offer free consultations (such as my firm). We also have a great understanding of other facets surrounding tattooists, their business etc...
Do not deduct flood repair expenses without having an attorney advise you.
Depending on what's in your lease, it may not matter who caused the leak. Standard commercial leases require tenants to maintain insurance for flood damage, regardless of the source or cause of flooding.
You call yourself a "sub-leaser." If you are in fact subleasing the space from another tenant, then they are involved as well. At least in theory. Another reason to move slowly and check things out.
You should have a commercial leasing specialist review your situation.
