Tenant question re: temperature/HVAC control in small private office
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[{"id": "f96ba9r", "text": "Commercial lease boiler plate language regarding implied warranty is typically murky. The challenge is what options are available for you at this point. \n\nConsidering the potential loss in business from patients who choose not to see a psychotherapist with an office as hot as the Mojave Desert, you could have grounds to cancel the lease. Tinted windows does seem like a reasonable and logical solution, so maybe try it and see how it goes.", "replies": [], "depth": 1}, {"id": "f96cbqy", "text": "What floor is your office on and how many floors in the building?", "replies": [{"id": "f970kcy", "text": "I\u2019m on the \u201cpatio\u201d level which is one level below the lobby.  Not technically a basement, though, because the building is built into a hillside and my side of the building has windows overlooking a narrow patio and a gently sloping hill.  Building has six floors in total (1-5 plus the patio level).", "replies": [{"id": "f97zr40", "text": "It seems like maybe a ductless mini-split might be a good candidate for a solution. I\u2019d see if you can have an HVAC company come out and give you a quote for some options.\n\nYou could also allow them to try the tinting with the caveat that you may pursue further action if that doesn\u2019t work. The technology on tinting has gotten very good and can be an effective means of insulating.", "replies": [{"id": "f9f0rrl", "text": "Thanks for the suggestions. Will pursue these.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "f96eivb", "text": "The LL is responsible for fully subdividing the space, this means more than putting up a wall. Splitting the HVAC is part of the job. \n\nDoes your lease speak to quiet enjoyment of your unit? If you do not have control over your unit\u2019s comfort conditions, how can you freely enjoy your space.", "replies": [{"id": "f986aze", "text": "This.", "replies": [], "depth": 2}, {"id": "f9d4khc", "text": "Not always the case.", "replies": [], "depth": 2}], "depth": 1}, {"id": "f970n8r", "text": "Eh, you might even have a fraud claim because they told you that you could control the HVAC and that turned out to be a misrepresentation. While you could hire an attorney to break the lease over this issue, they would likely send some demand letters to the landlord first to try and resolve the problem. Having worked as an asset manager for an office building similar to yours, I'd suggest that you go to the landlord and *offer* to split the cost of having the vents in your room ducted to the air handler that is controlled by your thermostat.  Also have that thermostat moved into your room with the windows (not where it will get direct sunlight). Take him up on the window tint as well, because it will make a huge difference. Considering the comfort of your clients is crucial to your business, you should just pay to have it done if they say no. It'll be cheaper than hiring a lawyer. Assuming you have a drop-ceiling, you're looking at less than $500 for this to be done and it won't take much time at all.", "replies": [{"id": "f973iby", "text": "It is a conventional drop ceiling. Re-routing the ducts is a good idea. However, I find it hard to believe this was not considered when the original (larger) suite was subdivided.  The property manager did mention something along these lines during one of our discussions and I seem to recall her saying that the space above the drop ceiling was too narrow to change the ductwork\u2014 or there may be some structural element that prevents ducts from traversing the space between the office and reception area. I can\u2019t recall the specifics. But this is definitely an idea worth pursuing, thanks.", "replies": [], "depth": 2}], "depth": 1}, {"id": "f97kt4r", "text": "Lawyer up because this is going to get messy", "replies": [], "depth": 1}, {"id": "f9d4gnm", "text": "PM with lots of office experience here.\n\n\nDid you take the space as-is, or did you/the LL make any improvements to the space prior to you moving in? If improvements were made, did it include modifications of the HVAC system?\n\nThis sort of problem (partially shared HVAC) is much more common than most would like to believe, especially in smaller class B/C buildings where the space has been renovated and turned several times over. \n\nThe best fix for you (and the landlord) would be to fully demise the two suites (including any/all shared MEP systems) and for you to add additional cooling (usually a VAV or FPB box and stat) to your private office. \n\nThe downside to this is the cost, and who bears it - hence my first question.", "replies": [{"id": "f9eurtz", "text": "I requested a storage closet to be constructed in the waiting area, which they agreed to build &amp; pay for. This was the only improvement made prior to my moving in. Ironically, they changed the site of the closet from the originally requested location because it would have interfered with existing ductwork in the waiting area; so they were *aware* of the ductwork at the time.", "replies": [{"id": "f9exj4k", "text": "Have you asked the manager to verify that the neighboring suite does in fact control a portion of your  HVAC? If it does I think it\u2019s reasonable to ask for that to be corrected by the LL at their expense. \n\nHowever, I don\u2019t believe that fix alone will correct the problem in your office. You will likely need to modify your existing ductwork or add additional cooling and a t-stat to satisfy the cooling needs in there.\n\nThis additional work will likely be at your expense. Plan on it costing anywhere from $1,500 - $10,000 depending on the solution, materials, system specs, engineering (if required by LL), etc.", "replies": [{"id": "f9f0orp", "text": "The property manager and on-site facilities person have both confirmed that the thermostat in the neighboring suite does indeed control the temperature in my office.  (As noted in my \u201cedit\u201d above, the PM was apparently not aware of this until two weeks after I moved in.)  This has led to a few heated exchanges (no pun intended) between the neighbor and myself, as he is\u2014 understandably\u2014 unwilling to relinquish control over the temperature in his suite, and has refused to allow the landlord to lock in a neutral temperature for both suites.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}]