HVAC Replacement: Landlord or Tenant Duty?

Large commercial rooftop HVAC units on a flat building roof against a blue sky

When the air conditioning dies in August or the furnace gives out in January, the first argument is about comfort. The second argument, and the more expensive one, is about money: who pays to repair or replace the HVAC system. In residential rentals the answer is usually the landlord. In commercial leases it depends on … Read more

Landlord Default: Remedies Available to Tenants

Lease agreement on a wooden desk with a magnifying glass over the signature page and house keys

Leases impose detailed obligations on tenants, and tenants who break them face swift consequences. The reverse gets less attention: what happens when the landlord breaks its promises. A landlord who will not repair the building, restore services, or honor negotiated lease rights is in default, and tenants are not limited to complaining. The law and … Read more

Quiet Enjoyment: What This Clause Guarantees

Calm sunlit apartment living room with large windows, a sofa, and houseplants

Buried in nearly every lease is a clause with a gentle name and real teeth: the covenant of quiet enjoyment. It does not mean your apartment must be silent. It means your landlord cannot substantially interfere with your right to use the space you are paying for. When landlords break this promise, through endless construction, … Read more

Rent Offset Rights When Landlords Default

Rent invoices and lease agreement with calculator for rent offset

Your landlord has not fixed the broken HVAC for six weeks despite repeated notices. Summer temperatures inside your restaurant are driving customers away. You are current on rent, but you are wondering whether you can reduce your rent payments to account for the space you cannot fully use, or to pressure the landlord into acting. … Read more

Self-Help Repair Rights for Commercial Tenants

Commercial ceiling repair being performed by a technician

The roof leaks over your inventory every time it rains. You have sent four written repair requests over two months. The landlord promises to get to it, but nothing happens. Your goods are getting damaged, and you are wondering: can you just hire a roofer yourself and deduct the cost from next month’s rent? In … Read more

Demolition Clauses and Redevelopment Rights

Commercial building demolition for redevelopment

You have three years left on your lease when the landlord announces the building will be demolished for a mixed-use redevelopment. Your lease, you discover, contains a demolition clause giving the landlord the right to terminate with 12 months notice. Your business, built around this location, now has a one-year expiration date you never negotiated. … Read more

Surrender Condition: Broom Clean vs Original State

Broom clean empty office space at lease surrender

You hand back the keys, the space swept and empty. Two weeks later the landlord sends a bill for 8,000 dollars: repainting, carpet cleaning, and patching walls. You left the place broom clean. The landlord expected original condition. Your lease used both phrases in different sections, and now you are paying for the ambiguity. Surrender … Read more