Legal Question in Landlord & Tenant Law in California

Responsibilities of Landlords

Our tenant renting our commercial building evidently failed to pay her propane bill because she used so much. Had an aguement with the local gas company and insisted they remove the propane tank from the property. They (tenants)now demand that I install a new, three thousand dollar Kerosene Monitor heater, because it's coming on winter (it snows there) and there is now, no heat. Is this really my responsibility?

Asked on 9/10/05, 10:35 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Responsibilities of Landlords

It is difficult to comment without reviewing he terms of your lease. This is not a residential lease, so it is easier for a landlord to shift burdens to the tenant such as providing utilities. Speaking from a pure "gut reaction" standpoint, it sounds like your tenant created the problem and she should have to deal with it. But without reviewing the actual lease, it is impossible to provide an informed opinion.

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Answered on 9/10/05, 1:17 pm

Robert F. Cohen Law Office of Robert F. Cohen

Re: Responsibilities of Landlords

It depends whether you agreed in your lease to provide heat for your tenant. Aren't there other propane companies in the area who can deliver a tank, or can't your tenant buy a tank and just have it filled from time-to-time? It can be expensed as a business expense.

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Answered on 9/10/05, 3:17 pm

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