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Commercial Property
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EMY
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Joined: Tue Mar 11th, 2008
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 Posted: Thu Mar 13th, 2008 11:58 am
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Thank you for your reply. This is a case in Tennessee where a tenant agreed in a commercial lease to be responsible for maintenance of the wiring in the leased building. Under Residental law, this is allowable as long as the owner is not trying to avoid their responsibility according to Buiding Codes.  This particular instance appears to be a situation where the owner is indeed attempting to pass off the responsibility to the tenant. I was wondering if Commercial law prohibits this term of the lease.

OH landlord
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Joined: Wed Sep 12th, 2007
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 Posted: Thu Mar 13th, 2008 11:47 am
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First you'd have to check your state law on commercial rentals.  Many states don't have laws on commercial rentals and residential rental laws don't apply to commercial rentals.  Check to see if your state has any laws on commercial properties. 

Next, check the lease,  What does the lease say about maintenance?  How much is the tenant responsible for in the lease.   Many times what the lease states is the rule for the property.  If the lease says they are responsible for it, they may be without any other law to the contrary.

And lastly, what kind of maintenance are we talking about here?  Maintenance of the roof?  The walls or structure itself?  If so, I would guess you woluld be responsible for that.  If we are talking about some other type of maintenance - like maintenance for the grounds, the tenant could be made responsible. 

EMY
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Joined: Tue Mar 11th, 2008
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 Posted: Tue Mar 11th, 2008 06:27 pm
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When it comes to the owner's responsibility for maintenance of the property, do the same laws apply to commercial property as to residential property?


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