Hi, I have a nasty odour coming from the outside of my takeaway shop. Just outside my shop there is a big deep hole on the ground which is blocked with leaves and rubbish. I am also having trouble flushing the toilet in my shop too. Should it be the landlord or the tenant responsibility to fix this problem ?

Hi Hachee...

In most places the landlord would be the responsible party, but it all really depends on how your lease was written up.

If you have a lease, review the lease and see who is responsible for maintenance of the property. In certain commercial properties, such as body shops or biologicals manufacturers the lease will specifically require that the tenant take care of all maintenance on everything up to and including the sewer line.

If you don't have a lease then you need to talk to your landlord and see what he/she has to say. After they respond, pop back here to the real estate law forum and see what our experts over there have to suggest. Be sure to let them know your city/state, OK?

Good luck!

Mark

I am still trying to figure out what a takeaway shop is but think Mark is on the right track. Sounds like your sewer pipe outside has collapsed but, like Mark says, the owner of the problem will hopefully be spelled out in the wording of the lease. What does your landlord have to say, and why?