Commercial Landlord Service Failures Access Demand Letters
Commercial Tenant Demands: Landlord Service Failures & Access
California Commercial Tenant Rights
Landlord’s Duties Under Commercial Leases
⚠️ No Implied Warranty of Habitability: Unlike residential leases, California commercial leases do not include an implied warranty of habitability. Landlord’s repair and maintenance duties depend entirely on lease terms. Always review your lease carefully.
Typical Landlord Responsibilities in Commercial Leases
| Lease Type | Landlord Duties | Tenant Duties |
|---|---|---|
| Gross/Full Service Lease | Structural repairs, roof, HVAC, common areas, parking, all systems | Interior maintenance, janitorial, minor repairs |
| Modified Gross | Structural, roof, some systems; tenant pays utilities and CAM | Interior, utilities, share of CAM |
| Triple Net (NNN) | Structural/roof only (may exclude even these) | Everything: HVAC, utilities, interior, exterior, CAM, taxes, insurance |
| Absolute NNN | Nothing (tenant responsible for everything including structure/roof) | All repairs, maintenance, and expenses |
Common Landlord Service Obligations
- Common Area Maintenance (CAM): Parking lots, lobbies, hallways, restrooms, elevators, landscaping
- Building Systems: HVAC, plumbing, electrical (if landlord’s responsibility per lease)
- Structural Repairs: Roof, foundation, exterior walls, load-bearing structures
- Code Compliance: Ensuring building meets applicable building codes and ADA requirements
- Quiet Enjoyment: Not interfering with tenant’s lawful use and possession of premises
- Access to Premises: Allowing tenant reasonable access during business hours
Tenant’s Right of Access
Commercial tenants have right to access leased premises 24/7 (or per lease terms):
- Landlord cannot block, prevent, or unreasonably restrict access
- Landlord may require reasonable security measures (key cards, after-hours escort)
- Landlord may restrict access to common areas outside business hours if reasonable and consistent with lease
- Landlord blocking access may constitute constructive eviction
Covenant of Quiet Enjoyment
Implied in all California leases (commercial and residential):
- Landlord must not interfere with tenant’s possession and use of premises
- Breach occurs when landlord’s actions substantially interfere with tenant’s use (excessive construction noise, blocking access, utility shutoffs)
- Remedies: rent abatement, damages, injunction, lease termination (constructive eviction)
Common Landlord Service Failures & Access Issues
1. HVAC Failures
- Heating or air conditioning not working for extended periods
- Landlord fails to repair broken HVAC systems despite tenant requests
- Temperature extremes making premises unusable (especially retail, restaurants, offices)
- Health and safety concerns for employees and customers
2. Plumbing & Water Issues
- No hot water for restaurants, salons, medical offices
- Sewage backups causing health hazards and business closures
- Leaking pipes causing water damage to tenant’s inventory and equipment
- Inadequate water pressure affecting business operations
3. Roof Leaks & Water Intrusion
- Roof leaks damaging tenant’s property and inventory
- Water stains on ceilings creating unprofessional appearance
- Mold growth from unrepaired leaks
- Landlord delays repairs for months despite repeated requests
4. Common Area Maintenance Failures
- Parking Lot: Potholes, broken lights, lack of snow/ice removal, inadequate striping
- Landscaping: Overgrown vegetation, dead trees, unmaintained grounds creating poor appearance
- Trash Removal: Overflowing dumpsters, irregular pickup causing odors and pests
- Lighting: Broken exterior lights creating security concerns
- Elevators: Frequent breakdowns, out-of-service for days/weeks
5. Security Issues
- Broken exterior door locks allowing unauthorized access
- Non-functional security cameras landlord promised to maintain
- Inadequate parking lot lighting creating safety hazards
- Landlord failing to respond to break-ins or vandalism
6. Access Restrictions & Interference
- Blocked Access: Landlord blocks parking lot, delivery areas, or entries without notice
- Changed Locks: Landlord changes building entry locks without providing tenant new keys
- Construction Interference: Landlord’s renovation of other spaces blocks tenant’s entrance, creates excessive noise/dust
- Utility Shutoffs: Landlord shuts off power/water for maintenance without adequate notice, affecting business hours
- After-Hours Access Denied: Landlord prevents tenant from accessing premises outside “normal” hours despite lease allowing 24/7 access
7. Code Violations & Regulatory Issues
- Building code violations preventing tenant from obtaining permits or certificates of occupancy
- ADA non-compliance (lack of accessible restrooms, ramps, parking)
- Fire code violations (blocked exits, inadequate sprinklers, expired fire extinguishers)
- Health code violations affecting food service tenants
8. Constructive Eviction Scenarios
Severe landlord failures that make premises unusable may constitute constructive eviction:
- Extended HVAC failure rendering premises uninhabitable during summer/winter
- Sewage backup making premises unsanitary and unsafe
- Complete loss of parking preventing customers from accessing business
- Landlord blocking entrance preventing tenant from accessing premises
Constructive Eviction: When landlord’s breach is so substantial that tenant is forced to vacate, tenant may treat lease as terminated, stop paying rent, and sue for damages. High bar to meet—must be severe and persistent failure.
How to Write Your Landlord Service Failure Demand Letter
Step 1: Document the Problem
- Photos/Videos: Date-stamped evidence of failures (broken HVAC, roof leaks, parking lot damage)
- Prior Requests: Copies of all emails, texts, calls to landlord requesting repair
- Business Impact: Lost revenue, customer complaints, employee safety issues
- Receipts: Any expenses you incurred (temporary repairs, alternative arrangements)
- Lease Agreement: Highlight provisions stating landlord’s repair responsibilities
Step 2: Review Lease Repair & Notice Provisions
Check your lease for:
- What repairs is landlord responsible for?
- What notice must tenant give landlord before demanding repairs?
- What is reasonable time for landlord to make repairs?
- What remedies does tenant have if landlord fails to repair? (rent abatement, self-help repair, lease termination)
Step 3: Demand Letter Components
| Component | What to Include |
|---|---|
| Header | Tenant name, premises address, landlord name/address |
| Lease Reference | Date of lease, term, parties |
| Description of Failure | Specific problem, dates, prior requests for repair |
| Lease Clause Violated | Cite specific lease provision requiring landlord to maintain/repair |
| Business Impact | Lost revenue, customer complaints, inability to operate |
| Demand for Repair | Specific action landlord must take and deadline |
| Remedies | State you will pursue rent abatement, self-help repair, damages, lease termination if not repaired |
Step 4: Set Reasonable Deadline
- Emergency (HVAC out in heat wave, sewage backup): 24-48 hours
- Urgent (roof leak, plumbing failure): 3-7 days
- Non-Urgent (cosmetic CAM issues): 14-30 days
Step 5: Delivery
- Email + certified mail (follow lease notice requirements)
- Send to landlord’s address specified in lease for notices
- Keep proof of delivery
Sample Demand Letters
Sample 1: HVAC Failure
[Tenant Business Name]
[Premises Address]
[Phone]
[Email]
[Date]
[Landlord Name]
[Address]
RE: DEMAND FOR EMERGENCY HVAC REPAIR
Lease dated [Date] – [Premises Address]
Dear [Landlord Name]:
I am writing to demand immediate repair of the air conditioning system at [Premises Address], which has been non-functional for [X] days despite my repeated requests.
LEASE OBLIGATION:
Section [X] of our Lease states: “Landlord shall maintain in good working order the heating, ventilation, and air conditioning systems serving the Premises.”
HVAC FAILURE:
On [Date], the HVAC system stopped working. I immediately notified you via email on [Date] and followed up with phone calls on [Dates]. Despite your promise to send a technician “within a few days,” no one has come to inspect or repair the system.
Current outdoor temperatures are [X°F], and the interior temperature of my retail store has reached [X°F]. These conditions are:
• Unbearable for employees and customers
• Causing significant loss of business (customers are leaving due to heat)
• Damaging heat-sensitive inventory
• Potentially violating OSHA workplace safety standards
BUSINESS IMPACT:
Since the AC failed, my revenue has dropped approximately [X%]. I estimate I am losing $[Amount] per day in sales. Customers have complained, and several have posted negative online reviews citing the oppressive heat.
DEMAND:
I demand that you immediately arrange for emergency HVAC repair within 24 hours of receipt of this letter. If temporary cooling cannot be provided immediately, I demand reimbursement for portable AC units I will rent at your expense.
REMEDIES:
If the HVAC is not repaired or temporary cooling provided within 24 hours, I will:
• Hire an HVAC contractor for emergency repair and deduct the cost from rent
• Seek rent abatement for each day the premises remain unusable
• Close my business and pursue damages for lost revenue
• Consider this a material breach and evaluate lease termination options
Current conditions make the premises effectively unusable for their intended purpose. This may constitute constructive eviction.
Repair the HVAC immediately.
Sincerely,
[Your Signature]
[Your Name]
[Title]
CC: [Property Manager, if applicable]
Sample 2: Roof Leak & Property Damage
[Tenant Business Name]
[Premises Address]
[Date]
[Landlord Name]
[Address]
RE: DEMAND FOR ROOF REPAIR AND REIMBURSEMENT FOR DAMAGES
Dear [Landlord]:
I demand immediate repair of the roof leak at [Premises Address] and reimbursement for property damage caused by your failure to make timely repairs.
LEASE PROVISION:
Section [X] of the Lease: “Landlord shall maintain the roof in watertight condition and shall promptly repair any leaks.”
HISTORY:
I first reported the roof leak on [Date – 3 months ago] via email. Water was dripping through the ceiling near the front of the store. You responded that you would “look into it.”
Despite follow-up requests on [Dates], no repairs have been made. The leak has worsened significantly. During the recent rainstorm on [Date], water poured through the ceiling, flooding a 10-foot area and damaging:
• $[Amount] of merchandise (clothing inventory destroyed by water)
• Display fixtures ($[Amount] to repair/replace)
• Ceiling tiles and drywall ($[Amount] estimated repair)
Total Damages: $[Amount]
Attached are photos showing the leak, water damage, and ruined inventory, as well as a contractor’s estimate for interior repairs.
DEMAND:
1. Repair the roof leak within 7 days
2. Repair interior damage (ceiling, drywall, paint) within 14 days after roof repair
3. Reimburse me $[Amount] for damaged inventory and fixtures within 30 days
REMEDIES:
If you do not repair the roof within 7 days, I will hire a roofing contractor and deduct the cost from rent.
If you do not reimburse me for property damages, I will file a lawsuit for breach of lease seeking:
• Full reimbursement for damaged property
• Lost business revenue due to unusable floor space
• Attorney fees (per Lease § [X])
Your negligence in delaying repairs has caused substantial harm to my business. Act immediately.
Sincerely,
[Your Signature]
[Your Name]
Sample 3: Access Interference
[Tenant Business Name]
[Premises Address]
[Date]
[Landlord Name]
[Address]
RE: DEMAND TO CEASE INTERFERENCE WITH ACCESS TO PREMISES
Dear [Landlord]:
I demand that you immediately cease interfering with my access to the leased premises and my customers’ access to my business.
LEASE RIGHTS:
Section [X] of our Lease grants me “24-hour access to the Premises” and guarantees “quiet enjoyment” of the property.
INTERFERENCE:
For the past [X] weeks, you have been conducting renovations in the adjacent suite. Your contractors have:
• Blocked the main parking lot entrance with construction equipment, preventing customers from accessing my store
• Parked trucks in front of my storefront, obscuring visibility and signage
• Created excessive noise and dust during my business hours, driving away customers
• Cut power to my suite twice without notice (on [Dates]), forcing me to close
I have asked your property manager repeatedly to minimize disruption, but the problems continue.
BUSINESS IMPACT:
My sales have dropped [X%] since construction began. Customers cannot find parking, cannot see my store, and are deterred by the noise and mess. I estimate I am losing $[Amount] per week.
DEMAND:
You must immediately:
• Clear parking lot entrance and maintain access for customers
• Prohibit contractors from parking in front of my store
• Limit noisy work to non-business hours ([hours])
• Provide 24-hour notice before any utility shutoffs
REMEDIES:
Your actions constitute breach of the covenant of quiet enjoyment. If the interference continues, I will:
• Seek injunctive relief requiring you to cease interference
• Demand rent abatement for lost business
• File suit for damages (lost revenue, interference with business operations)
• Consider this a material breach justifying lease termination
Cease interference immediately.
Sincerely,
[Your Signature]
[Your Name]
Tenant Remedies for Landlord Service Failures
1. Rent Abatement
Tenant may reduce rent proportionally for period premises are unusable:
- Must have lease provision or legal basis for abatement
- Reduction should reflect reduced value/usability of premises
- Example: HVAC out for 2 weeks in summer, premises 50% unusable → 50% rent abatement for 2 weeks
- Document business impact, lost revenue, customer complaints
2. Self-Help Repair & Offset
If lease permits, tenant can make repairs and deduct cost from rent:
- Must give landlord notice and reasonable time to repair first
- Repair must be landlord’s responsibility per lease
- Hire licensed contractors; obtain multiple bids if costly
- Provide landlord with invoices and receipts when offsetting rent
⚠️ Risk: Landlord may claim tenant breached lease by not paying full rent. If lease doesn’t explicitly allow self-help repair and offset, this is risky. Consult attorney first.
3. Sue for Damages
Tenant can file lawsuit for landlord’s breach of lease:
- Lost Revenue: Documented sales losses due to landlord’s failure
- Property Damage: Cost to repair/replace damaged inventory, fixtures, equipment
- Alternative Arrangements: Costs of temporary repairs, renting equipment (e.g., portable AC)
- Attorney Fees: If lease allows, prevailing party recovers fees
4. Injunctive Relief
Tenant can seek court order requiring landlord to make repairs or cease interference:
- Used when damages are inadequate remedy (ongoing harm, urgent safety issue)
- Requires showing: (1) likelihood of success on breach claim, (2) irreparable harm, (3) balance of hardships favors tenant
- Temporary restraining order (TRO) can be obtained quickly (within days)
5. Constructive Eviction / Lease Termination
If landlord’s breach is so severe that premises are unusable, tenant may terminate lease:
- Requirements: Landlord’s breach substantially interferes with use; tenant gave notice and reasonable time to cure; tenant vacates premises
- High Bar: Must be severe (total HVAC failure for weeks, building condemned, complete loss of access)
- Consequences: Tenant stops paying rent; landlord cannot sue for future rent; tenant may sue for damages
- Risk: If court finds breach was not severe enough to justify termination, tenant is liable for full rent for remainder of lease
6. Withhold Rent (Last Resort)
Tenant stops paying rent until landlord makes repairs:
- Very Risky: Landlord will sue for nonpayment and file eviction
- Defense: Tenant must prove landlord materially breached lease, justifying rent withholding
- Best Practice: Deposit withheld rent into escrow account to show good faith
⚠️ Rent Withholding Risk: Do not withhold rent without consulting attorney. If your withholding is deemed unjustified, you will owe full rent plus late fees, interest, and potentially attorney fees, and may face eviction.
Attorney Services
Landlord Refusing to Make Repairs?
I represent commercial tenants in disputes with landlords over service failures, access issues, and lease breaches. I draft demand letters, negotiate solutions, and litigate when necessary to protect your business.
How I Can Help
- Demand Letter Drafting: I write detailed demand letters citing lease provisions and legal duties
- Lease Review: I analyze your lease to determine landlord’s repair obligations and your remedies
- Damage Documentation: I help calculate lost revenue, property damage, and business impact
- Rent Abatement Advice: I advise on appropriate rent reduction based on reduced usability
- Litigation: I file lawsuits for breach of lease seeking damages, injunctive relief, and attorney fees
- Lease Termination: I evaluate whether constructive eviction applies and guide you through termination process
Schedule a Call
Book a call to discuss your landlord service failure issue. I’ll review your lease, assess your rights, and advise on the best strategy for getting repairs made and recovering damages.
Contact Information
Email: owner@terms.law
Frequently Asked Questions
Risky. Commercial leases don’t have the same implied warranty of habitability as residential. Your right to withhold rent depends on lease terms. If lease makes landlord responsible for HVAC and says you can abate rent for landlord’s failure, you may withhold (proportional to unusability). Otherwise, withholding risks eviction. Safer: make repair yourself and offset rent (if lease allows) or sue for damages while continuing to pay rent.
Constructive eviction occurs when landlord’s breach is so severe that premises become unusable, forcing tenant to vacate. Examples: total loss of HVAC for extended period, building condemned, landlord blocking all access. Requirements: (1) landlord materially breached lease, (2) breach substantially interfered with use, (3) tenant gave notice and time to cure, (4) tenant actually vacated. If successful, tenant can terminate lease without penalty and sue for damages.
Yes, if you can prove: (1) landlord breached lease by failing to make required repairs, (2) the breach caused your revenue loss, (3) loss was foreseeable consequence of breach. You need strong documentation: sales records showing decline during failure period, customer complaints, evidence linking loss to landlord’s failure (e.g., no AC in summer = customers left). Lost profit damages can be substantial but are harder to prove than direct damages (property damage, repair costs).