One major issue that arises in commercial leases occurs when a part of the leased premises is damaged and requires repair. Most commercial leases contain separate landlord and tenant provisions that outline which party is responsible for specific repairs.
Landlord vs. Tenant Repair Responsibilities
- Landlord Responsibilities: Typically responsible for structural elements of the building, including the roof, foundation, and exterior walls.
- Tenant Responsibilities: Typically responsible for interior maintenance and operational systems, including doors, glass, plumbing, and the HVAC system.
The Importance of Pre-Lease Inspections
You need to be aware of the exact repair language in your lease. We strongly recommend having a certified, third-party inspector thoroughly investigate the condition of the premises prior to signing—especially if you will be held financially responsible for repairing or replacing expensive systems like the HVAC or plumbing should an issue arise.
Protecting Your Commercial Lease
If you would like to discuss how we can help you draft, review, and/or negotiate a commercial lease on your behalf, please contact Kapadia Naik & Farhoudi or call us at 770-881-8081.