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Posts: 580
Reply with quote  #1 
I know there are different types of commercial leases, but how many of you cover repairs to something like the HVAC system and how many of you require your tenant to cover it? Any exceptions or limitations?

Currently, we cover it, and I want to keep it that way for most cases, but I want to protect us and not have us obligated to cover it in the lease. Basically, we want to fall back on the lease if we have a case where we think it's fine and the tenant insists. 

Posts: 3,817
Reply with quote  #2 
I'm not sure this will work.  If you have been covering these types of repairs all along, then try to put it back on the tenant citing the lease...  Well, I can see a tenant friendly judge saying you have set a precedent and that clause in your lease is no longer valid.  Despite what the lease says, you have covered these repairs each time.  Either put it in your lease that you cover it, or let the tenant make the repairs.
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