We can't find the internet
Attempting to reconnect
Something went wrong!
Attempting to reconnect
Tenant maintenance in a commercial lease.
Understanding your maintenance obligations helps you budget appropriately and avoid disputes with your landlord.
As a tenant under a commercial lease, you are responsible for maintaining certain parts of the property in good condition throughout the tenancy. Understanding these obligations helps you budget appropriately and avoid disputes with your landlord.
Tenant maintenance involves the tasks you must perform to ensure the property stays functional and presentable. These responsibilities depend on your specific lease agreement, which specifies what you need to maintain. Getting this wrong can be expensive, either through unexpected repair bills or disputes at lease end.
The maintenance divide.
Tenant Responsibility
Landlord Responsibility
Common tenant maintenance responsibilities.
While leases differ, your maintenance duties generally include these areas.
Cleanliness
Keep the property tidy and maintain the same standard as when you moved in, apart from normal wear and tear. Floors, windows, and interior surfaces must be free of dirt and debris.
Repairs and Replacements
If something breaks due to misuse - glass, doors, windows, light fixtures - you must repair or replace it with the same or higher quality.
Painting and Decoration
If the lease specifies, you must paint and decorate interior areas that were painted when you moved in. You are not required to repaint areas that were not painted at the start.
Floors and Coverings
Maintain all floors and coverings in good condition. If they become damaged or worn beyond normal wear and tear, you must replace them.
Damage from Abnormal Use
Any damage from misuse or abnormal use must be repaired. You are not responsible for normal wear and tear or pre-existing defects.
Whole-Property Leases
If leasing the entire property, you may also be responsible for grounds maintenance, stormwater systems, and general building repairs.
What you are NOT responsible for
You are not required to repair structural defects or handle major repairs that have occurred due to reasons beyond your control. Structural issues such as the roof, foundation, or walls are the landlord's responsibility.
Handling disagreements.
If the landlord believes you have breached your maintenance obligations, there are several options available.
Direct Discussion
Meet with the landlord to discuss the issue. This might be with or without lawyers present. Often disputes can be resolved through practical conversation.
Mediation
If direct discussion does not resolve the matter, the parties can agree to mediation. A neutral third party helps facilitate a resolution without formal proceedings.
Arbitration
Alternatively, the parties can proceed to arbitration. An arbitrator will hear both sides and make a binding decision on the dispute.
Document everything
Keep records of the property's condition when you move in, including photographs and a written schedule. This documentation is invaluable if disputes arise about what was original condition versus tenant damage.
Practical tips for tenants.
Key Takeaways
Tenants are usually responsible for interior maintenance and day-to-day repairs
Whole-property leases include additional grounds and systems maintenance
Structural defects and pre-existing issues remain the landlord's responsibility
Document the property condition at lease commencement
Disputes can be resolved through discussion, mediation, or arbitration
Related Guide
Understanding your lease obligations? Our step-by-step guide covers everything from finding premises to ongoing responsibilities.
Read the Commercial Lease GuideRelated Reading
Understanding outgoings in commercial leases
Outgoings are the extra costs tenants pay beyond base rent. Understanding what is included, how they are calculated, and your right to transparency helps you budget accurately.
What happens when a commercial building is damaged
In any commercial lease, it is vital to understand what happens if the premises are damaged or destroyed. Here is how damage affects your lease obligations.