Code Violation Who is responsible

**Turbo** · 01-08-2010, 03:27 PM

I need some advice from all pros. I own a mix use building. It's 2 stories building. On the top has hotel. The bottom has 5 warehouses. Two of my warehouse rent out to bedding company on the 1st floor. Bedding company has been good long term customer. One day the fire department came by and give the bedding company couple of code violation. One of them is something to do with the missing drywall on the ceiling of the bedding company unit. My question is who is responsible to fix this ? Me as a landlord or bedding company as a tenant have to pay for fixing it to code ?

**Greg** · 01-09-2010, 05:42 AM

The answer to your question and all questions about who is responsible for what will be in the lease. If you don't have a lease then it is probably your responsibility because it is your property.

If it was my building I would be very proactive i getting this resolved. This sheet rock is a fire barrier to give the hotel residents time to get out in case of a fire. If you drag your feet and people die you could lose everything including your freedom.

**Turbo** · 01-09-2010, 08:45 AM

Thx a lot Greg. I just took over the building not long ago. I'll go back and look at the lease which I'm not sure it is there or not. If not I'll take care of it myself right the way and have the bedding co sign the new lease. Again thx a lot for pointing out on the safety issue for the hotel guess.

**jimmykerr** · 02-23-2010, 03:16 PM

Whats in the lease is an important issue. You might be able to do some back tracking and figure out if the dry wall was removed or it was never installed. Find out when the code went into effect and when the structure was built. You might be grandfathered in, legally. But then if there is a fire and you knew the building needed improvement, you could be in trouble.