If space is given "as is" but tenant argues that something is faulty do they have any right to ask for repair?

Contract states that spaces is received "as is." Does the tenant have the right to request for repair on something that they are clearly responsible for, even if they find something fault after theyve signed the lease.
In Leasing Property - Asked by Christopher C. - Jul 13, 2010
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Answer(s)

Paul A.
Broker/Agent
Aurora, CO

By definition, an "as-is" space is an "enter at your own risk" type of lease. If it is something that would normally be covered by the Landlord, then yes, it is reasonable to assume that ownership would cover or split the cost. However, if it is an issue that is something that any tenant would be responsible for, then they must cover the cost. If they are a good tenant, it may be worth it to offer to amortize the cost of the issue into the life of their lease so that the space isn’t damaged and it also remains occupied.

Jul 15, 2010
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Sam B.
Broker/Agent
Gahanna, OH

Chris,
I agree very much with Jennifer and have attached a definition of the term. Consider consulting a lawyer if you have a serious problem paying for the repair. Depending on the situation and the states Common Law, either party could be responsible for the payment. A lawyer will give you better, more definite advice.
Sam Brown
614-595-0268

Jul 20, 2010
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Raman P.
Broker/Agent
Carteret, NJ

As is means nothing. Tenant or buyer can ask for certain repairs or modifications. If landlord does not do it buyer or tenant can cancel the contract.

Jul 24, 2010
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Dan T.
Richmond, IN

Did the lease agreement (or the offer to lease) provide a period of time for the Tenant to conduct any inspections...regarding the condition of the premises and its systems? If so...did the contract further state the Tenant was accepting the property (after the inspection period) in its as is, how is condition (with all faults)?
If so... the Tenant assumes all responsibility regarding the maintenance of the property and equipment included in the lease agreement.
The contract (lease agreement) provides the answer to this question. If the Tenant has agreed to be responsible for repairs... then the Tenant is responsible, regardless of the timing of the repairs...two days after the lease is signed or several years later (in the case of a 5 year lease).
A quote from the question..."Contract states that spaces is received "as is." Does the tenant have the right to request for repair on something that they are clearly responsible for"
If the Tenant is "clearly" responsible for repairs...Then Tenant is indeed responsible for the repairs.

Jul 26, 2010
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