I own a multi use building 2 units and a store. My store is rented as a daycare center. My tenant bought the business from a previous owner. In the beginning of this year I received a violation for a awning and a light fixture that was illuminating the awning. It seems that the previous tenant did not get a permit from the DOB. I want to know who is responsible for the expenses of this violation the owner of the building which is me or the new tenant who bought the business.
1 Answer from Attorneys
Ultimately as the owner of the property you are responsible, but as you correctly thought the tenant should bear the cost. Your lease with the tenant should have a provision that states that if there are fines levied because of tenant's actions then the tenant is responsible to pay the fines and possibly all other costs associated (like taking it down if the owning is in non compliance or your attorney fees). There may be notice provisions that you would have to follow in order to properly demand payment from your tenant.
Bottom line the lease needs to be reviewed to recover payment from the tenant. Because of likely notice provisions that have to be followed precisely, the review and notice would be best done by an attorney. The good news is that the lease could have a provision that makes tenant responsible to pay your legal fees.
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Roman R. Fichman, Esq.
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