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THE LEASING HOTLINE
DUTY TO REPAIR
A commercial landlord may create a duty to repair where an employee of the landlord undertakes maintenance on the property's exterior and where 'exterior' is ambiguously defined in the lease. Denton v. Pennington, CA02-1033, Ct. of App. of Arkansas, Division 4, May 14, 2003.
A lease for office space provided that the landlord was responsible for maintaining the 'exterior' of the leased space. Outside the tenant's office space there was a wooden deck. An employee of the landlord would inspect and repair nails that were protruding from the deck.
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