Legally speaking, commercial property leases operate differently to those of residential properties. As a lessee, it’s important to be aware of your legal obligations in a commercial lease. Here’s what you need to know about commercial tenant rights and responsibilities.
Maintenance vs. wear and tear
When it comes to commercial tenant rights and responsibilities, the lease sets out all the legal obligations of both the landlord and tenant, especially in regards to maintenance and repair of the premises.
In most commercial leases, the main difference in the responsibilities between the tenant and the landlord is the difference between maintenance and “wear and tear.” The tenant is responsible for maintaining the property, whereas the landlord is responsible for any structural issues to the property, as well as the wear and tear the premises sustains over time.
Under this general rule, landlords are responsible for:
- Repairs to structural parts of the building, such as foundations, columns, building support systems. Depending on the lease, this may also include roofs, stairwells, lifts and walls
- Replacing parts of the property that have been subject to fair “wear and tear” over time, including parts of the building or capital such as air conditioning, walls, carpet and the landlord’s plant and equipment
- Paying the insurance and rates of the property, including any corporate body fees
When it comes to commercial tenant rights and responsibilities, tenants are generally required to maintain the property to a responsible standard. This can include:
- Maintaining the walls, floors, fixtures and inclusions and the landlord requires the tenant to maintain
- Organising repairs for any parts of the premises that have been damaged or broken due to regular business activities
For many businesses, pest control is an essential part of maintaining a leased premise and compiling with the industry’s workplace health and safety standards. Unless otherwise stated in your commercial lease agreement, this responsibility tends to fall on the tenant.
For Sydney-based businesses, PestOz commercial pest control Sydney can help your business take care of your pest control needs, as well as help you fulfil your legal obligations as a commercial tenant. Get in touch with our friendly team today to book a consultation for your business’ premises.