5. Repairs During the lease term, Tenant shall make, at Tenant\'s expense, all n

Question

5.  Repairs

During the lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease.

6.  Alterations and Improvements

Tenant, at Tenant's expense, shall have the right, on obtaining Landlord's consent, to remodel, redecorate, and make additions, improvements, and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment, and other temporary installations in and that the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures, and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, at Tenant's expense, all damage to the Leased Premises caused by such removal.

Sections 5 and 6, respectively, impose on the commercial tenant the obligation of making repairs to the leased property, and of making alterations and improvements to the leased property. Should the lease impose these obligations on the tenant, or should such obligations be legally imposed on the commercial landlord? Explain.

Explanation / Answer

Yes the landlord should impose these two obligations of making repairs and making alterations and improvements to the leased property on the tenant. When it is the tenant who is utilizing what has been leased to the fullest exent uptill it needs repairs and maintainance, then it should be the same party paying up for the repairs. There is no rule that says that "you use and i will repair". It is common sense that if I am using something I should be the one who should repair it and not put the burden on someone else. In this case, it is a commercial property and any repairs relating to the floor, walls,ceiling etc.worn out due to usage of the same and due to normal occupancy, the party responsible for the repairs is the tenant.

Further, making alterations or improvements to the leased property , the party liable to pay for damages to the leased property will be the Tenant. For example, if the tenant want to make changes in the leased property, like adding false ceiling, lighting, machinery, tools, other trade installations, is liable for its alterations and improvements as the wear and tear is done by the tenant for his own benefit. Here, any damage caused to the leased property during the occupany and during installation of machinery has to rectified or repaired by the tenant as again all this is done for tenants benefit. The landlord has no gains from repairs, alterations and improvements, so, no loss or burden of repairs and maintainance can be put on the landlord.

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