I am currently leasing a house under a "Lease With Option to Purchase" contract, which comprises of two contracts ("Residential Rental Contract" and "Lease Option"). We moved in on 11/01/2008 and the option is to be exercised by midnight 04/30/2010.
In June of this year we discovered that out air conditioning unit (actually a heat pump) was not functioning. We notified the landlord who sent out their HVAC contractor out to look at the system. She said it would have to be replaced. We heard nothing more about the a/c unit in spite of several emails asking what their plans were to repair or replace the unit.
Finally, yesterday, we got an email from the landlord who said we were responsible for the repair/replacement as per a paragraph from the "Lease Option" contract that states:
"The Tenant/Buyer accepts the property in "as is" on the date of execution of this Lease/Option except for items listed in paragraph (7). The Tenant/Buyer shall henceforth be responsible for all utilities, maintenance, insurance, and repair upon said property, both interior and exterior. The Tenant/Buyer shall have the right to make such repairs, maintenance and improvements as Tenant/Buyer shall deem necessary proper or desireable. The Tenant/Buyer shall be solely liable for payment for said improvements and shall hold the Landlord/Seller nameless there from, except that any electric, plumbing, heating or cooling system in permitted space are out of order at the commencement of this lease or within 30 days thereafter will be repaired by the Landlord/Seller at his/her expense..." (Actual Wording)
It is my interpretation of the paragraph that it only applies when/if the option to buy is exercised (the point in time when I formally state my intent to buy). Furthermore, I cite a paragraph from the "Residential Rental Contract" which states that the landlord will:
"promptly repair all facilities and appliances, if any, as may be furnished by the Landlord as part of the Premises, including electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems, provided that the Landlord, except in emergency situations, actually receives notification from the Tenant in writing of the needed repairs." (Actual Wording)
So my question is simple. Am I correct in my interpretation? Since the "option" has not been exercised yet, does not the rental agreement take precedence?
TIA,
Clifton J. Bardwell
In June of this year we discovered that out air conditioning unit (actually a heat pump) was not functioning. We notified the landlord who sent out their HVAC contractor out to look at the system. She said it would have to be replaced. We heard nothing more about the a/c unit in spite of several emails asking what their plans were to repair or replace the unit.
Finally, yesterday, we got an email from the landlord who said we were responsible for the repair/replacement as per a paragraph from the "Lease Option" contract that states:
"The Tenant/Buyer accepts the property in "as is" on the date of execution of this Lease/Option except for items listed in paragraph (7). The Tenant/Buyer shall henceforth be responsible for all utilities, maintenance, insurance, and repair upon said property, both interior and exterior. The Tenant/Buyer shall have the right to make such repairs, maintenance and improvements as Tenant/Buyer shall deem necessary proper or desireable. The Tenant/Buyer shall be solely liable for payment for said improvements and shall hold the Landlord/Seller nameless there from, except that any electric, plumbing, heating or cooling system in permitted space are out of order at the commencement of this lease or within 30 days thereafter will be repaired by the Landlord/Seller at his/her expense..." (Actual Wording)
It is my interpretation of the paragraph that it only applies when/if the option to buy is exercised (the point in time when I formally state my intent to buy). Furthermore, I cite a paragraph from the "Residential Rental Contract" which states that the landlord will:
"promptly repair all facilities and appliances, if any, as may be furnished by the Landlord as part of the Premises, including electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems, provided that the Landlord, except in emergency situations, actually receives notification from the Tenant in writing of the needed repairs." (Actual Wording)
So my question is simple. Am I correct in my interpretation? Since the "option" has not been exercised yet, does not the rental agreement take precedence?
TIA,
Clifton J. Bardwell
