The Duty to Repair in Commercial Leases
There are a lot of differences between residential and commercial leases, but one major difference is that there are a lot more laws that govern leases between residential tenants and landlords.
For businesses, this can create some confusion and uncertainty, because there are no “standard provisions” in commercial leases, and there are few legal protections for tenants.
Looking at the Lease
That means that all your rights as a commercial tenant come from the lease itself. And while commercial leases can be long, tedious, and detailed, one very important part of a lease is who will make necessary repairs.
Every lease is different, but repair obligations are something you should look at and understand before signing the lease.
Maintenance and Repair
One thing to try and clarify before entering into the lease is the difference between “repair” and “maintenance.” These are different terms, and sometimes leases will spell out the difference but in other leases, they will not.
Often, damaged property or property in need of repair could be considered one or the other, and whether something is classified as repair or maintenance may be the difference between who has to pay for the necessary work.
Time to Repair
If the landlord does have an obligation to repair or maintain the question becomes how long they have to commence and complete repairs.
A more crucial repair may need a quicker deadline to finish work. And from a landlord’s standpoint, even if there is a timeframe for repair, the lease should have some provision for circumstances out of the landlord’s control—for example, the unavailability of materials, or weather that stops or slows repairs.
When the Landlord Isn’t Fixing Anything
If you are a tenant, and you feel the landlord isn’t meeting its obligations to repair, you must follow the procedure set forth in your lease very carefully.
Many leases have notice provisions, which require that you notify the landlord of its noncompliance, and the leases usually also have specific methods of notifying the landlord (for example, through a designated email address).
Any notice that is required and that you send, should be very specifically detailed. Because of this, you should save or notate any and all communications between you and the landlord related to the noncompliance, so that you can include them or cite them in your notice letter.
Taking the Next Step
What happens after this largely depends on your lease. Of course, none of these steps should be taken without following any notice requirements in the lease.
Some leases will say that you can make repairs yourself, at your cost, and then sue. This is called self help.
Most leases won’t let you withhold rent except in the most dire of circumstances, but always see an attorney before withholding rent. There may be legal steps (like depositing rent into a court registry) that must be taken when and if you withhold rent.
Commercial leases are contracts–let us review them and help you with legal issues related to your commercial lease. Call the West Palm Beach commercial litigation lawyers at Pike & Lustig today.
