When you are looking for a new commercial space for your business, you may be eager to get everything set up and established so you can continue to expand your company. However, before signing the lease, have you considered who will be responsible in case something goes wrong? Do you know what to do in a plumbing emergency or if minor repairs must be made? As such, it’s imperative to understand who is liable for repairs and maintenance before signing a lease. If you have questions regarding this matter, the following blog and an Austin, Texas commercial leasing lawyer can help you ensure you understand what is expected of you and what your landlord will handle.
Who Handles Repairs and Maintenance in Commercial Leases?
It’s important to understand that responsibility will ultimately be left up to the terms and conditions of the lease. However, most commercial leases will divide duties between the tenant and landlord.
Generally, wear and tear and minor repairs are typically the responsibility of the tenant. This includes cleaning, replacing carpets and wallpaper, fixing bathroom and kitchen fixtures, and remedying any issues caused by their own negligence. For example, if you accidentally start a fire, you would likely be responsible for replacing and fixing everything damaged by the incident.
However, any structural issues are usually the landlord’s responsibility, as they own the building as a whole. As such, they likely do not want other people making decisions regarding the structure, foundation, or electrical systems. Not only are these critical aspects, but they can also impact whether or not the building is up to code. As such, they will generally be responsible for these matters.
In some instances, a landlord may agree to lower rent in exchange for a tenant who takes on repair and maintenance responsibilities. However, unless you are equipped to handle these matters, it may not be in or best interest to agree to these terms.
What Can I Do if My Landlord and I Cannot Agree on Who Is Responsible?
If you and your landlord cannot reach an agreement on who is responsible for a repair, you may refer back to your lease agreement. However, if the language is unclear or your landlord still refuses to make the necessary repairs, it’s important to understand your options. Similarly, an issue may occur in which your landlord agrees to repay you for any repairs made in an emergency, but they fail to follow through in compensating you for handling something that is ultimately their responsibility.
You should connect with an experienced attorney who can assist you through these complex issues. At Dillard Property Law, PLLC, we understand how complicated commercial leases and their conditions can be. That’s why we are here to represent you. Our firm will examine your lease agreement to help you understand what is expected of you. Additionally, we can negotiate on your behalf if you would like to change these responsibilities before signing the lease. Connect with us today to learn how we can help you.
