Can I terminatemylease if a neighboring tenant has made mypremises uninhabitable?

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Can I terminatemylease if a neighboring tenant has made mypremises uninhabitable?

My business is located next to a nail salon. The owner of the nail salon refuses to turn on her exhaust ventilation and the toxic smell comes in our shop where we are forced to smell it 10 hours a day. The motivation behind the salon owner not turning on the vent is because it extracts her cold air causing her electric bill to go up. She is required by the city and TX cosmetology to have the exhaust ventilation but does not actually turn it on. Is the landlord responsible as well?

Asked on September 12, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

To resolve your issues with your co-tenant in the commercial lease that you have, you need to carefully read your written lease with your landlord in that its terms and conditions control the obligations he or she owes to you and you to the landlord in the absence of conflicting state law.

If the lease has certain provisions requiring the landord to deal with issues concerning co-tenants, read it in that it will be a means hopefully for you to resolve your concerns with the nail salon.

Another option is to call your landlord directly to discuss the odors coming from the adjoining shop to see what can be done. Follow up with a written letter to the landlord keeping a copy for future reference.

If the adjoining tenant refuses to resolve the negative impact of her business upon yours after sitting down with him or her to discuss the problem, contact your local health department about the problem and request an inspection of your adjoining neighbor. Having regular inspections will force the use of the exhaust ventilation system especially after a citiation is issued.

Good luck.


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