In a commercial lease is the landlord responsible for the electric being up to code before renting to a business?

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In a commercial lease is the landlord responsible for the electric being up to code before renting to a business?

I am opening my own business and am building out the space. It is held up because the electric isn’t up to code. The property manager said she would “fix” it after the last tenant left wires hanging out of the walls. I assumed fixing it would mean it was up to code. She had an unlicensed handyman “fix” it, not up to code, and now says it’s my responsibility to fix it to code. Who’s responsibility is it?

Asked on May 11, 2009 under Real Estate Law, Nevada

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Commercial property leasing agreements aren't subject to many of consumer protection laws that govern residential leases, and there are no standard lease agreements.  The first thing to do here is to review your lease and see what it says about the condition of the premises upon delivery.  This is not a maintenance issue.

If your lease isn't clear, or even if it is, you may have agrument for the Landlord to fix the electrical problem pursuant Nevada law, specifically, NRS Sec. 118.  This section as to do with building and safety code violations.  Of course this assumes that you can in fact prove that the electrical is not up to code.

I think that you may have an argument the it is the Landord's duty to fix this before you take possession.  However, I'm not licensed in Nevada so you should seek the advice of an attorney in your area.


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