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View Full Version : Commercial Lease - landlord trespassing - Ohio


airics
Oct 24, 2008, 04:14 PM
I have a problem... I signed a 12 month lease for a warehouse (we are storing cars and tools) and have always been current on our rent... However, the property manager on two occasions has opened the doors with his keys and searched the place... At either time, myself or coworkers were not present. This time he left a message on my cell, saying that he needed to get a sprinkler system fixed... no appt or anything, just call him back... a few hours later, my coworker went to the warehouse and there was a sprinkler repair guy in our warehouse, apparently the property manager let him in... again we were not present.. this was not an emergency... I filed a police report for trespassing. My lease specifically states "lessee covenants and agrees to permit lessor and lessor's agents UPON REASONABLE NOTICE AND IN THE PRESENCE OF LESSEE'S PERSONNEL (except in the event of an emergency) to inspect, exhibit, and examine the demised properties, that are lessors' responsibility" yada yada yada... so no notice, stranger in our warehouse... This is a two section warehouse which has been vacant for years... It is cold storage for our vehicles... He also mentioned that we should help him with the heat bill on the other side since we use that garage (ours is to small) for our truck to enter the building. We don't plan on heating our side anyway... Lease says we pay OUR utilities, no requirement for heating our unit either. I am figuring he wanted to fix the sprinkler system on our side (again didn't work for years).. so water would run through requiring us to have some heat.. The building itself is in poor condition... The fact that he breached the lease by entering bothers me a lot.. whether he actually took anything, doesn't matter... Does this void the lease? We are and always have been current on our rent.

Fr_Chuck
Oct 24, 2008, 04:48 PM
No it does not viod the leases normally, but it can open him up for damages

On the sprinkler most likely the fire department is requring this or his insurance company.
This can require you to keep it heated to the point of not freezing.

But you can follow up on the trespassing if he does this.

airics
Oct 24, 2008, 05:13 PM
What kind of damages and how do I find out about the sprinkler system being required?

excon
Oct 25, 2008, 07:24 AM
what kind of damages and how do i find out about the sprinkler system being required?Hello airics:

The kind of damages you suffered... Finding a guy in your space ain't great. But, if he didn't cause any damages while there, then there's nothing to recover.

In terms of the sprinkler, it's probably his insurance that requires it. You can certainly ask to see his policy. Your insurance should require it too, assuming you have some. If the property is destroyed by fire (his building AND your cars), and there was a sprinkler system in the building that wasn't operable, he's not going to collect on his building...

And, because you have been put on notice, your cars wouldn't be covered under HIS insurance either, should they burn to a crisp.

Plus, because the sprinklers are THERE, you can assume they're there because of CODE. Nobody puts those in cause they like 'em.

excon

airics
Oct 25, 2008, 03:43 PM
Sprinklers are there because 15yrs ago, it was leased by lubrizon (lubricants)... this building has been vacant for years! After we leased we have found that the building is in poor condition, holes in roof, etc.. Leaks..