Torrance, CA · Member since 2017 · 39 posts · 4 votes
The rain gutters were not cleaned. Water was dropping on the side of the building. Association notified us that we need to paint the building because it looked horrible. Is this considered repair, which can be charged immediately to tenant as part of NNN expenses? The amount is pretty substantial as this is big building. Or can the tenant argue this is capital expense which should be expensed over useful life. I am trying to find arguments how to charge it immediately as tenant might leave the building soon.
The lease should spell it out but typically in a multi-tenant property the owner is responsible for the exterior maintenance and any cap ex which is what this sounds like. Freestanding buildings can be all up to the tenant if spelled out in the lease..