Expert: Stephen A. Cross, CCIM - 11/1/2011

Question
There is only one central Thermostat. He does not let me see bills. I pay for a 1/3 of the floor. I pay more each month but I have no idea how much he pays. The other 1/3 of the floor is empty.

We are freezing here. And boiling in the summer.
I was just wondering if there is a minimum level of heat he has to give, if I have no control of the heat. How can I test the temperature in my space? We are all using space heater ( 5 in a 1200 sq ft factory with 22 ft high ceilings.
The electricity will be a fortune.

Answer
Beverly:

If the Lease Agreement requires the landlord to provide heating and/or cooling, the landlord is contractually obligated to deliver reasonable amounts of heat and/or cooling. The question then becomes "What's reasonable". The answer is likely to be an amount sufficient to keep a "reasonable" person comfortable. I suggest recording thermometer readings in a log throughout the day to demonstrate the actual conditions you are concerned about.      

If the lease does not include a reference to heating and/or cooling you most likely have no grounds to compel the landlord to provide these services.

Regarding the electric bills: You should be given an opportunity to review the actual electric bills to confirm you are paying the agreed upon percentage.

Please feel free to contact me again with your follow up questions and concerns.

Very truly yours,

Steve     
Stephen A. Cross, CCIM
10601 N. Hayden Road, Suite 108
Scottsdale, AZ 85260
480-998-7998
steve@crossrealty.com
www.crossrealty.com