AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Question QUESTION: I am renting my house out. My tenant just called to say that the refrig is broken. According to my lease standard florida residential lease agreement it states that the tenant will at its sole expense keep and maintain the premises and APPURTENANCES is good and sanitary condition and repair during the term. Would the INSTALLTION of hurrican shutters be included in this agreement?
ANSWER: Probably not, and at this point, if you have not acted, it is likely too late.
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QUESTION: So correct me if I'm wrong the refrig repair is not included. Hurricane shutters are my responsibility. Then what does appurtenances mean?
Answer Appurtenant (when used in combination with a lease) is employed for the purpose of including any easements or servitude used or enjoyed with the demised premises. See Generally Black's Law Dictionary, Sixth Edition, Page 103.
Installation of item appurtenant would never be included based upon the language supplied. Would you ask a tenant to build a garage and pay for it? No. Without a commercial net lease, what you are asking is outside residential leaseholds. Put up the shutters before the hurricane destroys their property and you are found negligent and liable for the replacement value.
