Commercial Lease Hazard Testing

Summary

If you discover asbestos and mold in a commercial property, your lease agreement typically dictates the terms for testing and repairs. In Texas, tenants usually need the landlords consent for alterations, including non-structural ones. Document all communications and requests to the landlord. If the landlord is unresponsive, consult a local attorney, report the issue to the health department, and consider legal action for breach of lease and health risks.

Full Conversation

I am leasing a commercial property. We found out we have asbestos and mold throughout the property. We had inspectors walk it for quotes. We have advised landlord of mold, but not the asbestos yet, but he's done nothing about the mold so now we want to get legal reports to show that there is asbestos and mold throughout the building. We will be terminating the lease because of this, but my question is do we need to have the landlord's permission to get it tested even after we have advised him of the mold?
In Texas, tenants have the right to "repair and deduct" in certain circumstances. However, this generally applies to residential leases. For commercial premises, the lease agreement usually dictates the terms. If your lease agreement doesn't mention testing for hazards, you might not need the landlord's permission. However, it's always best to notify them about your intentions. You may want to consult with a local attorney for proper advice.
what if the commercial lease states the following; abatement, Tenent, may not alter (including making any penetrations to the roof, exterior walls, or foundation), improve or add to the property or the leased premises without the landlords written consent.
Since your lease specifies that alterations require the landlord's consent, it's advisable to inform them about the testing. Though it's not explicitly an alteration, they might interpret it as such. To protect yourself legally, it's best to get their approval in writing.
its not an alteration and it specifies non-structural alterations
Even if it's not an alteration, it's best to keep the landlord informed to avoid potential conflicts. Consult with a legal expert to understand how non-structural alterations are defined in your lease and Texas law.
landlord will decline our requests. in fact we asked them for a copy of their report showing now asbestos and they promised it to us but never sent it even after requesting it 3x's. we have also asked them to take care of mold we found just by looking and they are yet to take any action
You can consider the following steps:
- Document your communication and requests.
- Consult a local attorney.
- Report the situation to local health department.
- If no action is taken, consider legal action for breach of lease and potential health risks.