What is a tenant's right to repair in a commercial real estate lease?

Tenants’ rights to repair in a commercial real estate lease depend on the specific language used in the lease. In Virginia, a tenant’s right to repair is generally established in two ways: either through an explicit agreement in the lease or from an implied duty to do so. In an explicit agreement, the tenant will have the right to make repairs, alterations, and/or modifications to the leased premises. This agreement should also state who is responsible for the cost of the repairs. Typically, in an explicit agreement, the tenant is responsible for costs associated with routine repairs and reasonable maintenance as part of their obligation to keep the premises in good condition. In an implied duty, the tenant is also responsible for keeping the premises in good condition and making repairs as needed, even if the lease does not explicitly state that they have a right to do so. In such cases, the tenant may be able to recoup some of their costs from the landlord, but must be prepared to show that the repairs were necessary and follow any other terms that the landlord and tenant agreed upon. Finally, it is important to note that landlords can never limit a tenant’s right to repair in a commercial real estate lease. If the landlord attempts to do so, they may be violating state law and could be subject to fines or penalties.

Related FAQs

What is a tenant's right to repair in a commercial real estate lease?

Related FAQs

Related Blog Posts