I am half way through a five year lease for a deli, the new landlord now is telling me we need to install a hood system costing 5-6k because of food smells coming from our space, can they do that?
2 Answers from Attorneys
It depends. What does you lease say, if anything?
I agree. You need to check your lease and the applicable building codes and OSHA requirements, both as to what is required and who is responsible for performing it. You should also consider whether, after 2.5 years, there was a waiver that is binding upon the new landlord. Lastly, about a year ago, a law firm, in D.C., successfully complained about the smells coming from the restaurant on the first floor of its building. Off-hand, I don't remember the details of that case, but you should also check whether you may have any exposure to other tenants with respect to such smells and how that relates to the anti-nuisance clause that is probably in your lease. Ken.