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The Leasing Hotline
TENANT RESPONSIBLE FOR HVAC REPAIRS
A tenant may be responsible for HVAC repairs if the lease places such responsibility with the tenant, even if a portion of the repairs occurs outside of the leased premises. Chelsea GCA Realty Partnership, L.P. v. Pilgrim Silk Flowers, Inc., Case No. 2003-P-0013, Court of Appeals of Ohio, Eleventh Appellate District, Portage County, Sept. 30, 2004.
The landlord and tenant entered into a lease for a commercial unit. Under the lease, the tenant was responsible for all repairs and replacements on the leased premises. While occupying the premises, the tenant discovered that the HVAC system needed repair, but the tenant did not repair it. The landlord filed a petition in forcible entry and detainer, claiming that the tenant was in default of its obligation to pay rent and seeking eviction, restitution and damages. The tenant counterclaimed, arguing that the landlord had breached its obligations under the lease by failing to reimburse the tenant for improvements made to the commercial property. The tenant argued that because a portion of the HVAC system was located in the ceiling outside the leased premises and not within the leased premises, the landlord was responsible for payment for the repairs.
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