All Forum Posts by: Andrew Shrigley

I have recently leased out my commercial property. The lease states:

1. Landlord agrees to make all necessary repairs to structural portions of the Premises, including the roof, exterior walls, foundation, and exterior sewer line.

When preforming agreed upon repairs all the toilets were flushing and operating, not clogging.
The tenant has been occupying the building for two months and emailed me yesterday saying that all the toilets were clogging. I recommend they call a rooter service to have lines snaked. They argue that it is my responsibility for bill because of the scale build up and sludge. It's under $500 so not an extreme expense but I argue that it falls under the NNN maintenance purview, responsibility of the tenant. There are no breaks in line just build up.
it’s two months into a 39month term. I don’t want to create riffs in our landlord/tenant relationship but I also don’t want to pay for it.

In this case, who should be responsible?

All comments and opinions on this are welcomed and appreciated. Thanks!

I have recently leased out my commercial property. The lease states: 

1. Landlord agrees to make all necessary repairs to structural portions of the Premises, including the roof, exterior walls, foundation, and exterior sewer line.

When preforming agreed upon repairs all the toilets were flushing and operating, not clogging.
The tenant has been occupying the building for two months and emailed me yesterday saying that all the toilets were clogging. I recommend they call a rooter service to have lines snaked. They argue that it is my responsibility for bill because of the scale build up and sludge. It's under $500 so not an extreme expense but I argue that it falls under the NNN maintenance purview, responsibility of the tenant. There are no breaks in line just build up.
it’s two months into a 39month term. I don’t want to create riffs in our landlord/tenant relationship but I also don’t want to pay for it. 

In this case, who should be responsible? 

All comments and opinions on this are welcomed and appreciated. Thanks! 

Hi Vierra, 

I am in a similar situation. Unfortunately I don't have any useful at this point insight but I'm looking forward to the responses on this thread! I think both your idea to increase deposit and require co-signer make since. From what I understand running a restaurant is a tough business with tight margins. If the new owner is not business savvy things could go south quick. be sure to update with your final approach to new lease. 

Andrew

 Thanks Tom, your interpretation makes since to me. I will post an update with outcome after after speaking with owner(s).

Thanks for the responses. Grantor is the ex, she is alive, Grantee is seller, also an old friend. They married, she was unfaithful and moved out. I remember he was happy that she "left and did't want anything". I hope that was in fact the case. I plan on asking my attorney about the matter, but I thought since I just joined BP this would be a good way to dive into to forums, so again thanks for the responses. 

Omitting names and addresses, the full Quit Claim Deed reads:

On November 21, 2013 THE GRANTOR(S),

-Rachel ..., a single person, for and in consideration of: One Dollar (1:00) and/or good and valuable consideration conveys, releases and quit claims to the GRANTEE(S):

-Chris..., a single person, residing at ...address...city...county...state...:

Legal Description: ...State... Single Family-Fannie Mae/Freddie Mac Uniform Instrument

Grantor does hereby convey, release, and quitclaim all of the grantor's rights, title, and interest in and to the above described property and premises to the Grantee(s), and to the Grantee(s) heirs and assigns forever, so that neither Grantor(s) nor Grantor's heirs, legal representatives or assigns shall have, claim or demand any right or title to the property, premises, or appurtenances, or any part there of.

A transfer as part of the division of property in a divorce

EXCEPTING AND RESERVING unto Grantor(s) a life estate interest in the above described real estate on the terms listed below.

TERMS OF LIFE ESTATE

Grantor shall retain the right to use, occupy and possess the real estate described herein for the remainder of Grantors life. Grantor shall have full power to use and dispose of the entire distributable income from said real property and shall be responsible for payment of real estate taxes thereon. The life tenant shall have the right to execute leases, geophysical exploration, easement, and right of way payments paid on account of the land during his lifetime. Grantor may commit waste on the premises if he desires to do so.

I'm negotiating a deal on a property, and when I did a title search through the county website I found that the seller's ex-wife is on the quit claim deed as a life estate interest. After normal quit claim statement it states:

EXCEPTING AND RESERVING unto Grantor(s) a life estate interest in the above described real estate on the terms listed below.

TERMS OF LIFE ESTATE

"Grantor shall retain the right to use, occupy and possess the real estate described herein for the remainder of Grantors life. Grantor shall have full power to use and dispose of the  entire distributable income from said real property and shall be responsible for payment of real estate taxes thereon. The life tenant shall have the right to execute leases, geophysical exploration, easement, and right of way payments paid on account of the land during his lifetime. Grantor may commit waste on the premises if he desires to do so."

Anyone out there have any insight on this? Quit Claim says convey, release and quit claim all grantor's rights, title and interest in and to the property but then states this about the life estate. 

-Andrew

Hi everyone, my name is Andrew Shrigley, I currently reside in Denver, CO and have long distance single family rentals in NorthWestArkansas. I recently joined the BP community and quickly became a pro member (LOVING THE CALCULATORS!). I was introduced to BP by my property managers / agent when they gave me The Book on Rental Property Investing by Brandon Turner as a closing gift. I've been interested and involved in real estate for almost 20 years and after reading Brandon's book I realized that I had made some good decisions and some bad decisions but that my previous failures are really a solid foundation for future success. I've been binging on BP podcast and enjoy learning from the host and all the guests they have on. I'm excited to become a part of this community and look forward to learning and sharing with you all.