This generally does not include “fair use” of the site, repairs to structural parts of the building or other capital-intensive expenses (air conditioning, walls, installation and equipment of the lessor). A typical commercial lease gives the tenant the greatest or all responsibility for repairs and maintenance, except that the tenant`s obligations for appropriate wear and tear may be limited and the lessor may be responsible for structural repairs. The obligations arising from the lease agreement can be described as those of a “prudent tenant” and a “prudent lessor”, or that the premises must be maintained at a “first class” standard. A large number of court decisions have evolved around the interpretation of the words “structural repairs”, “appropriate wear and tear” and “prudent”. This release examines the importance of typical repair and maintenance obligations under a commercial lease agreement and offers risk reduction opportunities for both the landlord and the tenant. A tenant can take on this task himself. You usually use a qualified surveyor. When developing a condition plan, a surveyor usually conducts an inspection of the property. Next, create a list and take detailed photos of the condition of the property. These are grouped into a formal calendar that will then be affixed to the back of the lease. “Repair” and “maintenance” are separate but related concepts.
“Maintenance” includes taking measures to prevent deterioration of the building and its systems through preventive and corrective measures. Maintenance work can be painting, cleaning, maintenance and lubrication equipment, cleaning effluents and gutters and replacing incandescent bulbs. A “repair” consists of damage to a part of the premises that needs to be repaired. Of course, anything damaged by the tenant must be repaired by the tenant. However, when a component is worn out and needs to be repaired, there may be a dispute over whether the component is worn due to poor maintenance or proper wear and tear despite regular maintenance. . . .