Roof Leaks as Cause for Release from Commercial Lease

You may be able to get out of your commercial space lease before your lease term ends if your landlord fails to repair a leaky roof.  You should check your commercial lease clause regarding roof repairs and maintenance to determine what rights and responsibilities your landlord has to make roof repairs and other building repairs and also to find out your rights and responsibilities.  Some commercial leases provide that the tenant must keep the roof, gutters, drains and grounds free from debris and obstructions.  Relocating to another space is expensive.  It's best to try and resolve the leaky roof matter first with your landlord.  You may want to consult with a commercial real estate attorney before taking any action.  Your attorney will advise you of the best way to handle the matter.

Avoid Surprises

When you negotiate a commercial space lease, you should make sure that the lease terms are not one-sided in favor of the landlord and that they provide a reasonable allocation of costs, risks and liabilities in order to meet your business needs.   Don’t be afraid to negotiate changes.  It’s harder to get the landlord to make amendments after you have signed the lease than it is to negotiate what you want in the beginning.  You should be concerned about lease issues such as: 

• Parking
• Signage
• Access to your space
• Tenant improvements
• Building maintenance and repairs
• Subletting and assignment  

In fact, you need to read over all the clauses in your lease carefully so there are no surprises later because some lease clauses can have major impacts on your wallet such as: 

• You could be held responsible for environmental contamination of the property before your lease is signed.
• You can lose your commercial space if your landlord loses the property to foreclosure.
• You might have to fix the building’s leaking roof or make other major repairs.
• You may be responsible for damages caused by a fire or other uninsured casualty.
• Even if your commercial space is not available to move in when the lease commences, you may not be able to cancel the lease.    

The best way to avoid problems with your landlord down the road is to hire a commercial real estate attorney to help you negotiate favorable commercial lease terms with your landlord from the very beginning of your lease.   

Consult with a Commercial Real Estate Attorney

Commercial space lease clauses are complicated, and you should consult with a commercial real estate attorney to help you negotiate and review the lease.  The attorney is an expert at commercial real estate and landlord/tenant laws and can help you with commercial lease negotiations, extensions and renewals.