Strip shopping center has fire in common area meter room that is also used by landlord for storage. Municipal inspectors have previously warned landlord against using meter room for storage. Fire is caused by faulty wiring in the common area meter room leading from tenant A’s meter to tenant A’s fuse box located in tenant A’s shop. Faulty wires are about 30 years old and probably installed when shopping center was built and not by Tenant A. As a result, tenant A is without power and Tenant B and Tenant C whose shops are adjacent to meter room suffer smoke and water damage.

Lease makes tenant responsible for all building systems serving premises including electrical and meters “installed by tenant”.

Tenant A is claiming constructive eviction and threatening to withhold rent.

Tenants B and C are blaming both landlord and tenant A for damage.

Landlord probably has some liability as items improperly stored by landlord made fire worse.

Considering the “installed by tenant” language of lease is tenant A responsible for the wiring running between his shop and the common area meter room?

Does tenant A have a viable constructive eviction claim?

Any guidance and thoughts are greatly appreciated

Albert

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

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