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The Repair and Maintenance Gap

By Daniel W. Graves and Marisa Byram
May 24, 2013

Upon careful review, many commercial leases have what can be called a “repair and maintenance gap.” This gap is created when the lease specifies certain repairs and maintenance for which each of the tenant and the landlord are responsible, but then is silent on others. If the repair and maintenance provisions are not considered, negotiated, and drafted thoughtfully, a gap can remain, creating the opportunity for the parties to be at odds over who has responsibility for a particular item of repair or maintenance, including whether replacements are included in those obligations.

Sometimes 'All Repairs' Does Not Really Mean 'All'

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