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Who is responsible for rodents in the attic area of unit that is shared by others (shopping center)?
Anonymous5 views3 answers
I am in a commercial lease, a small restaurant that is located in a shopping center. I had rodents chew through a line, CO2 line that cost me $900.00 from the provider. I understand that I am responsible for the Pest Control inside of the unit, but I do not think that I am responsible for the attic area which is attached to other units. If that be the case, responsible, then I would be treating for everyone that is leasing in the shopping center.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
God is responsible for their existence in the attic - landlords are only responsible for REASONABLE control and extermination efforts. So - if there was no notice that a rat got the munchies on your CO2 line and some indication that the LL acted unreasonbly in some fashion relative to the common area, thats just a crappy situation that is a "business expense". You may want to secure such lines conduit to make them harder to chew through or use a line that does not have material that attracts them as some insualted rubber lines do.
I agree with my colleague; the answer should be in your Lease (typically common areas are the obligation of the Landlord; but IF it is YOUR CO2 line that was damaged - NOT the "common area" itself, it might be on you). No way to tell without reviewing your lease. Bring it to a good local commercial L/T lawyer for review if you are not sure what yours says. And make a claim with your insurance carrier - they may do some of the heaving lifting for you. Hope this helps. gsg
