Should/how do I ask for more free rent under This specific circumstance?
I'm opening a restaurant for the first time and in my opinion I came into this with a very humble attitude, meaning, I really tried to carefully consider every potential scenario I could conceptualize that I might be faced with, and did not dismiss any steps in the process even if they were straightforward and/or simple.  

I and everyone I'm working with set a very aggressive timeline for all the tasks that needed to be completed for the period between when I signed the lease and our projected opening date. Despite the aggressive timeline, my team and I have pretty much met or exceeded every single milestone we set for ourselves except one that is kind of !@#$ing us right now.  

We are stuck with permitting for Industrial Waste and have been delayed 2 months. Typically, we'd make a best-guess submission, receive feedback, and alter plans as necessary, but my MEP engineer very resourcefully acquired pre-approval of the grease trap we'd be installing in the weeks prior. My architect anticipated no more than 2 weeks for this permit to be completed, and with the pre-approval we were hopeful it'd be even shorter than that.  

Unfortunately, while our plumbing designs for the grease trap are fine, they were designed based on the existing plumbing clean outs on site that DO NOT EXIST in the city's database. Since they were undocumented, the agent at IW suspected that the building we're in at some point made an illegal tap into the main city's wasteline and would not approve. Long story short, after hiring a plumber to trace the line (which was broken and had to be repaired), we confirmed that it is indeed does *not* make an illegal tap. Nonetheless, as this line was not documented, the head of IW now wants the landlord to promise to trace ALL lines in the building, provide an updated site-plan, as well as pass inspection.  

From my perspective (adopted from my architect), none of these lines have anything to do with my plumbing modifications or even to do with my suite. It is an issue related to the building/landlord. Yet rather than taking 2 weeks, this process has been dragged out for over 2 months. Would this be a legitimate case in which I could ask to have my free rent period extended? My landlord has been pretty damn cool and reasonable so far and I'm quite happy with the lease as it was negotiated, but I've really gotten borked with the situation going on w/ the city here. Of course I planned for *some* kind of delay, just not to this extent. So I guess my question is a) is it reasonable for me to make this request and b) how exactly should I go about it? (how to phrase it).  

Thanks!

edited for errors
[{"id": "ek17k9a", "text": "You should definitely ask, as just like you stated it's through no fault of your own.  That's not to say that they will give it, but I would ask if I were in your shoes.\n\nThat said, it's not necessarily the LL's fault either, so it's not unreasonable for them to decline.  I would ask for full abatement during this period, but shoot for half abatement of the time lost.  Lastly, prepare for none.  \n\nAnd you've phrased it fairly well.", "replies": [{"id": "ekh7mq6", "text": "Thanks, I agree that it's also not necessarily the LL's fault either which is why I'm hesitant to ask. He was very speedy and willing to help throughout the process. When I paid $250 out of pocket to trace my plumbing clean out to determine whether it made an illegal tap into the city's wasteline, there was a break in the pipe. He readily shelled out $$$ to fix that break.  \n\nWhile I do feel the delay has been \"unfair\" to me, in some sense he is already getting bopped since my installation of the grease trap has 'flagged' his building to IW about existing plumbing lines that are undocumented (that he did not install). So on top of now having the responsibility of exposing the pipes, documenting them, and being inspected by IW, he is also losing out on rent from me (assuming me grants me more free rent). I guess the point is that while I would love free rent, I don't want to screw the landlord either when this issue was neither of our faults.  \n\nYou are right that while it doesn't hurt to ask, I should always brace for the worse.", "replies": [], "depth": 2}], "depth": 1}, {"id": "ek1bvq2", "text": "I would ask for full abatement and 100% expect them to agree. They are not providing the usable space that you contracted for. They are almost certainly in breach of the lease. ", "replies": [{"id": "ek1g94a", "text": "That\u2019s debatable. If the landlord leased for a \u201crestaurant\u201d or \u201cbar\u201d they could not foresee the nuance of the grease trap problem so it\u2019s still totally usable space. ", "replies": [{"id": "ek2wr5f", "text": "How so? Every restaurant is going to be required to have a grease trap. ", "replies": [{"id": "ek36h3v", "text": "Not every restaurant. ", "replies": [{"id": "ek3uvea", "text": "Obviously entirely city code dependent, but here any establishment that prepares food on site is required to have one. Even like subway. ", "replies": [{"id": "ek3vb37", "text": "I think that\u2019s becoming more common but for many years things like coffee shops and sandwich places didn\u2019t require grease traps, only full restaurants with hoods and fryers. ", "replies": [], "depth": 6}], "depth": 5}], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "ek1hipa", "text": "Check the lease to see if there is a clause that addresses 'delayed possession'.  Typically if the delays are outside of either parties control, the commencement date (and all other relative dates are pushed back). You can go about addressing this issue either as asking to continue free rent, or to push back the commencement date for another month or two to account for the delay. It would be reasonable to expect him to agree to that. \n\n*Its worth noting his 'aggressive timelines' - ask yourself: whats the motivation behind that?...probably larger than just one or two months rent - perhaps financing, etc. When doing any negotiation being aware of the other parties motivation can help you anticipate &amp; counter their response. \n\nBest of luck! ", "replies": [], "depth": 1}, {"id": "ek3vg8u", "text": "Do you have any updates? ", "replies": [{"id": "ekh7o5j", "text": "Will follow-up soon!", "replies": [], "depth": 2}, {"id": "eli5s3x", "text": "I finally mustered the courage to ask him last night for extended rent abatement, full or partial, and he generously granted me 50% rent for the first 1.5 months.", "replies": [], "depth": 2}], "depth": 1}, {"id": "ek48iit", "text": "I think you have good recourse to ask for an extension on the commencement date. These are unforeseen circumstances that we're not in your control and we're caused by the owner or his previous tenant. Honestly more often than not I've seen this go where the new occupant (you) sued for damages for not being able to continue with their buildout and open on time because of an issue with the building owner/conditions and the city. The absolute least he should do is what you're asking. \n\nHow far and hard you want to push this is up to you. It's never fun when negotiating turns sour but you need to look out for yourself. The restaurant industry is hard enough as it is. \n\n\nI did a restaurant buildout (I'm in construction) where if we didn't hit the exact day for opening we would be hit with around $5k in liquidated damages a DAY. Sounds crazy but the place pulled $150k a week in revenue after it was open so $5K a day in LDs was probably pretty reasonable in the restaurant owner's eyes. \n", "replies": [], "depth": 1}]