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Utility Access to a non-permitted warehouse space

Sent to Legal Experts March 21, 2007 1:52 a.m.

So, I have a lease on 3000 of 5000 sq.ft of warehouse. The landlord walled off the remainder two bays, 2000 sq.ft. He told me at the time that it would only be used for DRY storage. He rented it to a welding outfit and told me he would install a separate electrical service. This proved too expensive and the welder used generators, xcept fr lights. The business adjacent has two huge diesel tanks located nearby. The insurance company made the owner evict the welder. If the owner sells, do I have to allow the new owner to use my power for lights, etc? What if I shut off the electrical? The lease says that I have to allow physical access to the rear 2000 sq ft, that I have no problem with. I know that I am being a bitch, but then again, the original owner said that he would pay for a separate meter for electrical, which never happened. The welder gave me a token amount, $100. Can I sue him if he disrupts my business? Can I refuse him access to the bathroom, etc?

Customer (name blocked for privacy)

Status: Closed Value: $15

Answer
March 21, 2007 6:44 p.m. (16 hours and 51 minutes later)

ACCEPTED

Your lease will control what the landlord can or cannot do and what you are liable to pay. Nothing outside of the four corners of that lease agreement will likely be binding.

If the lease states that the landlord has access to the back 2000 feet or other common areas, then he is allowed access. A landlord also always has a right of inspection to the leased premises although notice must generally be given for reasonable inspections.

Additionally, responsibility for the electrical service depends entirely on what your contract may say, or more importantly what in may not say. You should have that contract reviewed by a lawyer before you do anything that may impact your lease.

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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state

Lawmoe -- Lawyer (JD) -- 98% Positive Feedback on 2107 Legal Accepts
Lawyer with 16 years of litigation experience in state and federal court systems.

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