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Who’s responsible for repairs on commercial property?

| Dec 15, 2020 | Uncategorized |

It might make sense that a person who owns a property will be responsible for making repairs to the property. While this is certainly the case for private homes, the answer may be very different for commercial property owners and the business owners who lease their space.

Florida law adheres to the common law principle that commercial leases must spell out who will be responsible for making repairs. If a commercial lease is silent on this matter, the tenant will usually be responsible for shouldering any repair costs. The courts have upheld this even in cases where a landlord volunteered to do repairs.

Make the terms of a contract clear

Florida’s approach to commercial leases underscores the need to pay close attention to a contract’s terms. If you’re a commercial landlord, you could probably get away with any responsibility to repair your property by not even mentioning this fact in the lease language. However, courts could always upend what was once settled under the law. The legislature could also enact a law putting landlords on the hook for repairs.

If you’re a business owner who is renting a commercial space, you will probably want to add a “duty to repair” clause to the lease. Doing so will make the landlord responsible for repairs to the property.

Both commercial landlords and business owners can negotiate the terms of responsibility for property repairs. This can help both parties protect their interests and avoid any surprises which could lead to a legal dispute. You should discuss your matter with a skilled professional who has experience handling real estate law issues in Florida.

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