On a commercial rental with no lease, who absorbs the cost on a furnace that needs minor repairs?
Full Question:
Answer:
Repairs in a commercial lease are typically governed by contract law and the terms of the lease. Repair agreements are recommended to be included in the lease. Without such terms, the commercial tenant is typically responsible for repairs.
A residential tenant without a lease has the right to a decent dwelling. Pennsylvania law requires what is called an "implied warranty of habitability"in a residential dwelling. This means that your landlord must keep your apartment or house in a safe, sanitary condition. For example, a broken furnace, hazardous electrical wiring or a seriously leaking roof has to be corrected by the landlord if you did not cause the problem. However, the majority view of the courts is that the implied warranty of habitability or fitness does not extend to commercial leases. I suggest calling the local building department to inquire about applicable building codes.