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Areas of Concern When Leasing Previously Improved Space
Quite often, prospective tenants are considering leasing space that has been improved by former tenants. In these situations, there may be concerns that would not necessarily obtain, or be less worrisome, for 'an unimproved space. This article addresses certain of those concerns, and ways in which prospective tenants can seek to reduce their risk.
Hazardous Materials
When considering a previously improved and occupied space, hazardous materials concerns may come in at least two forms. First, there are the hazardous materials that the previous tenant may have incorporated into the construction of the premises (either without the landlord's or municipality's knowledge, or due to the fact that the materials were not hazardous when they were installed by the former tenant, but have since been determined to be hazardous under current environmental laws). Second, hazardous materials may be present at the premises due to the operations of the previous tenant (e.g., improper disposals of solvents, oils or petroleum products).
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