What is LL responsible for in maintaining the commercial property, and what is tenant’s responsibility? The lease only sais that LL has to maintain the property in good order.
So who is responsible for things like a faulty powerpoint or a switch board? Are they considered part of the building or a fitting?
Also if water leak made stains on my newly cleaned carpet – can I send my LL bill for the carpet cleaning?
Hi
depends on state and if you are covered by Retail Shop leases act and also terms of your lease.
In an ideal world, tenant is responsible for everything from the fence in. Some leases favour tenants, some favour landlords. Mine favour landlords because thats our client and that is the way it should be.
D
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
Maintenance is a rarely defined item in a lease however it will largely depend on the construction of the lease as to what it may mean and to what extent each party is responsible.
I have seen plenty of leases where the lessor is required to keep the exterior of the building/grounds in a similar condition to the commencement of the lease but also net leases where the tenant essentially pays for all maintenance and repairs (eg replacement of major components of air conditioning systems, replacement of fixtures & fittings when broken etc).
There is no single answer.
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