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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is “structural” or “nonstructural.” In this article, we provide a framework for the practitioner to analyze whether a repair is structural or nonstructural by providing the general test to be applied and a review of representative decisions, focusing on recent ones where possible.
Background
Under standard office and store leases, landlords are typically responsible for structural repairs, and tenants are typically responsible for nonstructural repairs. See Standard Form of Office Lease, REBNY, 7/04 ' 4; Standard Form Of Store Lease, REBNY, 7/04 ' 4. The classic net-lease provides that the tenant is responsible for both structural and nonstructural repairs. See, e.g,. Mennis v. Commet 380, Inc., 54 A.D.2d 641, 642, 864 N.Y.S.2d 414, 416 (1st Dep't 2008).
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