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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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What obligations, other than those specified in a commercial

Customer Question

what obligations, other than those specified in a commercial lease, must a landlord perform so as not to interfere with a lessee's small business. Must he abide by all of the specified obligations in the lease within a particular time frame rather than waiting years to perform same. Is he allowed to put large for sale signs on the property without at least obtaining permission from the lessee. Is he required to maintain the building in a sound condition repairing leaky building walls that literally pour into the sales areas of the building. If raw sewage pours into the lower sales areas is he required to repair same. Even though the lease specifically requires he maintain the HVAC equipment in the building and he doesn't what can I do sue him each time he refuses to maintain the written and unwritten responsibilities of maintaining his building.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.Commercial tenancy is less statutory in nature than a residential tenancy. The landlord must provide and maintain the premises in the condition required in the lease agreement. They must maintain and repair the premises to the extent the lease requires of the landlord. Some leases place all the maintenance and repair responsibility on the tenant. Generally, though, the tenant is not required to make capital improvement. The same is true of the right to place signage on the property. If the lease allows then it is ok. If not, then it is not. Any repair or maintenance required of the landlord must be done in a "reasonable time", depending on the nature of the repair.