Expert: John Smiley - 5/1/2008

Question
strip mall built 1958/9.laundromat is original. I purchased 1981/gray water discharge connected to storm sewer.a 1984 request to change storm to sewer ignored by landlord.2008 new landlord has given tenant 90 days to connect at tenants expense. Is this my expense?

Answer
Hi Jim,

I absolutely must preface this with the declaration that I am not a lawyer.  I declare this because this sounds like a legal dispute to me.

As a layman, I believe you have a case to make that the failure to connect in 1984 is a deficiency in the property itself of which the new landlord should have been aware from their due diligence, and the cost of which should have been reflected in an adjustment to the purchase price.  Whose cost it would have been in 1984 would depend upon the lease in place at that time.

I strongly recommend consulting with your attorney to discuss your rights and obligations and any options you may have.

Hope this helps,
John Smiley