Need help!(landlord-commr)

[MikeGT]

Hey guys. I have a question. I Need to know if it is required by law for a landlord IN A COMMERICAL environment to have properly working heat?

Our heat went out at the store and had a quote of 5k to have it fixed which seems VERY high. But is it our responsibility? Or the landlords? I know for residential it is required by law but am not sure on commercial. I live in WI if that makes a difference. I just cannot find anything online that says anything.

Thanks in advance.

[jfelbab]

Re: Need help!(landlord-commr)

Landlords building, landlords responsibility. Is he not willing to fix the furnace? If so withhold the rent payments. It isn't like he could rent the property to anyone without heat.

[MikeGT]

Re: Need help!(landlord-commr)

Thats what i am thinking. I just dont if that applies to a business and not household. Anyone able to find links for proof? We have not asked them to pay for it or fix it yet, but this summer we ended up paying for the AC and I am getting a feeling it just isnt right.

I just cannot dig up any info.

[jfelbab]

Re: Need help!(landlord-commr)

Thats what i am thinking. I just dont if that applies to a business and not household. Anyone able to find links for proof? We have not asked them to pay for it or fix it yet, but this summer we ended up paying for the AC and I am getting a feeling it just isnt right.

I just cannot dig up any info.

Well AC is an optional item but heat in Wisconsin is not. If there is no heat in the building the pipes will freeze and burst so I suspect he will want to fix it. I'd ask them to fix it soon as it is getting colder.

[BlueZero]

Re: Need help!(landlord-commr)

I had to go thru something like this with an apartment I lived in. I know you are looking for commercial. I found what I was looking for in the wisconsin statutes. If you do a google search for "wisconsin statutes" you should find the statutes, then do a search there. Is the heat included in your rent payment or do you pay that? Reason I ask is if it's included then I would think it wouldn't even be a question, they are to provide you with what you pay for.

In my apartment, they had so many days to fix the problem. Otherwise I could hire someone to do it and charge it back to them. After I gave the landlord a copy of the bids to fix it, the problem was fixed that day.

Good luck.

[BlueZero]

Re: Need help!(landlord-commr)

This is what I found so far...

704.07(2)(a)2. Keep in a reasonable state of repair all equipment under the landlord's control necessary to supply services that the landlord has expressly or impliedly agreed to furnish to the tenant, such as heat , water, elevator, or air conditioning.

Hope that helps you out.

[MikeGT]

Re: Need help!(landlord-commr)

Thanks jfelbab for your input!

Blue: Thanks for your time looking that up for me. Unfortantly, it looks like everything is on a contract basis and which I will have to look into that if we signed.

Thanks again fellas!

[Five Star]

Re: Need help!(landlord-commr)

The landlord is responsible for the heating unit, unless you were tricked into maintaining and repairing it through your signed lease agreement.

[STG]

Re: Need help!(landlord-commr)

Since nobody has asked the most obvious and relevant question, I will:

WHAT DOES YOUR LEASE SAY?

Additionally, what type of agreement do you have? Is it a gross lease, net or triple net?

[STG]

Re: Need help!(landlord-commr)

The landlord is responsible for the heating unit, unless you were tricked into maintaining and repairing it through your signed lease agreement.

Please refer to my post above. It is common in commercial leases to have the lessee responsible for maintaince as repairs. In fact, a true triple net lease has has the lessee pay everything, including property taxes, insurance, repairs, replacements, etc. Everything including the kitchen sink and the roof. This is not trickery.

(Laws pertaining to residential leases often have little in common with those regulating commercial property.)

[MikeGT]

Re: Need help!(landlord-commr)

Since nobody has asked the most obvious and relevant question, I will:

WHAT DOES YOUR LEASE SAY?

Additionally, what type of agreement do you have? Is it a gross lease, net or triple net?

See i am not sure as i am just a 'regular' employee, but if my manager decides to get it fixed, there goes my bonus check. So I am just doin a little of my own leg work to find out. But yeah, that would be the obvious way to go, I just dont have those rights.

[Five Star]

Re: Need help!(landlord-commr)

Please refer to my post above. It is common in commercial leases to have the lessee responsible for maintaince as repairs. In fact, a true triple net lease has has the lessee pay everything, including property taxes, insurance, repairs, replacements, etc. Everything including the kitchen sink and the roof. This is not trickery.

(Laws pertaining to residential leases often have little in common with those regulating commercial property.)

Commercial Rules
Commercial leases as well as all other types of leases that are not residential in nature are looked at as contracts. Chapter 704 and Wisconsin contract law control commercial leases.

Wisconsin Statutes at Chapter 704, Landlord and Tenant
Wisconsin Statutes at Chapter 799 – Small Claims and Eviction

[STG]

Re: Need help!(landlord-commr)

Commercial Rules
Commercial leases as well as all other types of leases that are not residential in nature are looked at as contracts. Chapter 704 and Wisconsin contract law control commercial leases.

Wisconsin Statutes at Chapter 704, Landlord and Tenant
Wisconsin Statutes at Chapter 799 – Small Claims and Eviction

Thanks for confirming my post!

704.07 Repairs; untenantability. (1) Application of section. This section applies to any nonresidential tenancy if there is no contrary provision in writing signed by both parties and to all residential tenancies.

I especially like the phrase "This section applies to any nonresidential tenancy if there is no contrary provision in writing signed by both parties..."

Like I wrote, the lessor's responsiblities for maintenence are most often spelled out in the lease. Many of the provisions of Wisconsin's Statutes 704 apply ONLY IF THERE ARE NO CONTRARY PROVISIONS IN WRITING.

Chapter 704 precludes contractual changes to landlord (lessor)responsiblities in residential leases only.