All Topics / Commercial Property / Responsibility of Wear and Tear on Assets – Tenant or Landlord

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  • Profile photo of commpropcommprop
    Participant
    @commprop
    Join Date: 2011
    Post Count: 24

    Another day and another question for this newbie!

    Situation is this, we've now fixed the wiring but this tenant is becoming a bit of a pain in the neck….since he runs a handyman business but 90% of his work is paint work, he needs to clean residual paint etc. in a machine which converts it to greywater.

    He needs to then discharge this through one of my rainwater pipes (he has a permit and all…). Problem is, I'm afraid greywater will rot and pipes (under concrete). Additionally, we had a sump pump installed for emergency purposes in case there was heavy rain/flood, apparently the building had small floods in the basement before but since my 5 years of ownership, we never had one nor did the last tenant.

    So if my pump (not intended for his usage/purpose) and my pipe needs repair in future, I would be pretty angry if I was held responsible? In all, this is NOT the intended usage and purpose…

    Does he have the rights to use my assets like this? I know structurally I need cover for wear and tear, but this is beyond the purpose of what it's suppose to do?

    Furthermore, what about the issue of his greywater conversion machine, if that gets damage in case of a freak flood, am I liable?

    Thanks.

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    AFAIK paint is generally pH neutral or basic so it shouldn’t be corrosive. Clogging your pump is another issue altogether – I’d suggest advising/reminding the tenant of their responsibility to service the pump & flush the lines (pressure spray/water blast).

    Profile photo of sFinanceculturesFinanceculture
    Member
    @sfinanceculture
    Join Date: 2011
    Post Count: 6

    hey i would like to share In the case of rental agreements, the asset is the tangible property of the rented apartment. The responsibilities of the tenant in a lease agreement include keeping the property clean, paying for damages arising out of his own neglect, notifying the landlord in advance in case there are repair needs, and not breaking the terms of the lease. The landlord’s responsibilities include not interfering with a tenant’s right to quiet and lawful usage of the property, following all discrimination laws like those related to age or race, and ensuring that the rented property adheres to housing codes.
    hope u can explain him the point out there..
    thanks…

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    Profile photo of NIMBYNIMBY
    Participant
    @nimby
    Join Date: 2011
    Post Count: 12

    This is going to depend on the repair and maintenance clauses within the lease, as they can be so varied. Is it a net or gross lease? Generally most of the leases I have dealt with require the tenant to maintain the landlord's equipment within the premises. So like Scott said  "I'd suggest advising/reminding the tenant of their responsibility to service the pump & flush the lines (pressure spray/water blast)". There is also often something about not using equipment for a purpose other than for what it was intended. If it is a net lease, then you can easily recover all repair costs as outgoings as long as it is not a capital replacement (and even then you could go the tenant for negligence).

    As for the greywater, I am surprised that is being directed down stormwater rather than sewer? E.g domestic washing machine greywater is disposed of through sewer pipes, and that is going to be cleaner than any paint greywater.

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