Few things cause more friction mid-lease than a dispute over who’s responsible for a repair — a broken HVAC unit, a leaking roof, a parking lot pothole. Unlike residential leases, where landlord maintenance obligations are often governed by statute, commercial leases generally allocate maintenance responsibility entirely through negotiated contract language.
Structural vs. Non-Structural: The Common Starting Point
Many commercial leases divide maintenance responsibility along a structural/non-structural line:
- Landlord typically responsible for: roof, foundation, structural walls, and major building systems (though this varies significantly by lease type)
- Tenant typically responsible for: interior finishes, fixtures, and day-to-day operational maintenance within the leased premises
This division isn’t universal, however, and varies significantly depending on lease type — a triple net lease shifts substantially more maintenance responsibility to the tenant than a full-service gross lease does.
HVAC: One of the Most Commonly Disputed Items
HVAC maintenance and replacement responsibility is one of the most frequently contested areas in commercial leases, given the significant cost of major HVAC repairs or replacement. Leases should specify clearly:
- Who is responsible for routine maintenance (often the tenant, even when the landlord retains responsibility for major repairs or replacement)
- The threshold at which responsibility shifts from tenant-funded repair to landlord-funded replacement
- Whether HVAC costs are passed through as part of CAM charges even when the landlord handles the actual maintenance
Common Area Maintenance
For properties with shared common areas — parking lots, lobbies, landscaping, shared restrooms — the landlord typically handles maintenance directly, with costs passed through to tenants via CAM charges. Tenants should review what specific services are covered and confirm the actual condition of common areas matches what CAM charges suggest is being maintained.
What Happens When Maintenance Obligations Are Breached
Leases should specify a tenant’s remedies if a landlord fails to perform required maintenance — commonly, a right to notify the landlord and, if uncured within a defined period, a right to perform the repair themselves and deduct the cost from rent (a “self-help” remedy), though this right is often limited or requires specific procedural steps to invoke properly.
Negotiating Clearer Maintenance Allocation
Vague maintenance language — leases that simply state the landlord will maintain the property “in good condition” without defining specific systems or thresholds — invites disputes. Tenants and landlords benefit from specifically enumerating which party handles which systems, rather than relying on general language that can be interpreted differently by each party when a dispute actually arises.
Negotiating maintenance responsibility in a commercial lease, or dealing with an unresolved repair issue? Brent A. Levison, P.A. helps tenants and landlords clarify and enforce maintenance obligations. Contact the firm today for a consultation.
The information in this article is provided for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified attorney.