As a Franchise Attorney I must ask the following. What is your question? Unless your lease allows you to withhold rent in the event you describ, you are in breach of your lease. This is not a very likely provision in a commercial lease. You need to consult with a good business or franchise attorney in your area for specific advice as soon as possible.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Yes, you need a business attorney who handles commercial leases.

The answer will be controlled by your lease and to what extent you can confirm that you notified the landlord of the problem in advance. Moreover, many leases not only put the onus of the HVAC on you but require you to have a service contract for same. So, the breach may not even be attributable to the landlord. You need to have a business attorney review the lease.

But it is not just a matter of knowledge; it is also a matter of power. You need to have a lawyer contact the landlord for you. One on one you may face the loss of your business. You don't need general information so much as you need advice and legal representation. Why are you risking the loss of your business by not seeking legal help?

Good luck.

Law Offices of Donald W. Hudspeth, P.C.

3030 North Central Avenue, Suite 604

Phoenix, Arizona 85012

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