Can the landlord have a new tenant be responsible for replacing the HVAC in the building?
Question Details: I have been researching this issue but can't seem to find what I am looking for. I live in AL and I am very unfamiliar with the TX law. However, I do feel that the landlord is in violation of some sort for a commercial property lease with my boss. He is the owner of a gym in TX. He purchased the club about 7 months ago and took over an existing lease. The landlord never sent over the copy of the entire lease like he was supposed to. The HVAC unit started failing 2 months later. The owner and the landlord had issues over who was responsible for repairs and still failed to send over the lease when asked stating he already had. He just sent over a piece with special condition only. He sent a crew out to service the AC which failed again after charging $3,900. The company threatened a lien after the owner refused to pay for service when the system was still not working properly. The landlord then agreed to amend the lease and pay for the services out of the security deposit left in place by the previous tenants. I am assuming he did not do this out of kindness since that is not his type We have now sent someone else out to service the unit after getting complaints from our members and corporate. Both units have failed and the repair specialist today has quoted me $5000 in parts alone, not including labor and crane rental. It is pretty much replacing the entire unit is this something that should fall on the current tenant? Especially when the unit failed after only 2 months occupancy? I also feel that there is something peculiar going on since the landlord claims he has sent the lease multiple times but indeed he has not. The e-mail states there was a lease but there is no attachment. And he refuses to send it over again.
There is nothing illegal about a commercial tenant paying for HVAC, and it's not even particularlly uncommon: in commercial tenancies, the landlord and tenant can agree to apportion costs and responsibilities however they like. So if the lease makes this the tenant's obligation, the tenant must pay. If the lease does not make the tenant responsible, however, then HVAC, as part of the landlord's property, would be the landlord's cost and responsibility; the landlord pays for infrastructure for his building (since he owns it and is responsible to provide habitable and functional space to his tenant[s]) unless the lease says otherwise.