As a commercial tenant (as opposed to a residential tenant), it is important to know that your landlord has more discretion when it comes to a shifting of responsibility toward you and away from themselves. This makes better understanding your landlord’s responsibilities paramount. If you have questions or concerns related to commercial landlord legal responsibilities, the experienced California commercial lease attorneys at Polymath Legal PC can be reached at (833) 931-6418 and can help you understand all of your legal questions.
Your Commercial Lease
While many of the tenant rights in residential leases are considered implied by the law, this is generally not the case with residential leases. As such, if the question of what are the landlord responsibilities is not addressed directly in your lease, you could experience legal and financial challenges, which makes better understanding the commercial lease landlord responsibilities a good place to start. Learn the top 10 primary commercial landlord legal responsibilities to consider.
#1 – The Responsibility of Providing a Habitable Building
Commercial landlords are tasked by California law with ensuring that the building in question is habitable overall and that the tenant’s space within that building is also habitable. It is, in other words, your commercial landlord’s responsibility to remain in compliance with California’s applicable building codes as set forth by the Building Standards Commission. Local codes may also apply. There is not, however, an implied warranty of habitability in commercial lease contracts, which means that landlord violation claims are addressed on a case-by-case basis (in relation to who bears responsibility for the issue at hand – the landlord or the commercial tenant).
#2 – The Responsibility for Major Repairs and Maintenance
Commercial landlords bear the responsibility of adequately maintaining their commercial buildings, which generally includes addressing major repairs and maintenance for all the following:
- The building’s paneling and roof
- The building’s foundation
- The building’s HVAC units
- The building’s water pipes and connections
- The building’s smoke detectors and fire alarms
- Any appliances provided to tenants
#3 – The Responsibility for Compliance with the Americans with Disabilities Act
The Civil Rights Division of the United States Department of Justice enforces the Americans with Disabilities Act, and it is the legal responsibility of commercial landlords to ensure that any spaces open to the public are in full compliance. This includes those spaces occupied by commercial tenants who run businesses that are open to the public.
#4 – The Responsibility of Maintaining the Premises
It is the legal responsibility of commercial landlords to keep their buildings, common grounds, and surrounding areas reasonably clean, safe, and hazard free. This extends to regular trash removal along with the removal of any ice, snow, or debris from parking lots, sidewalks, and other common outdoor spaces. As a business owner renting a space, however, you will almost certainly be responsible for managing your own trash removal and for maintaining your own space and entrances in reasonably safe and hazard-free condition.
#5 – The Responsibility of Providing Quiet Enjoyment
Your commercial landlord is responsible for protecting your right to what is known as quiet enjoyment throughout your commercial tenancy. The responsibility of quiet enjoyment refers to the commercial landlord taking the steps necessary to help ensure that the tenant’s possession of and ability to benefit from the leased premises (in accordance with the specifics addressed by the rental agreement) is not interfered with. It is important to note, however, that a commercial lease agreement can modify or even waive this covenant of quiet enjoyment, which makes it an excellent idea to reach out to one of the dedicated California commercial lease attorneys at Polymath Legal PC before signing a commercial lease.
#6 – The Right of Entry
Your commercial landlord has both the right and the responsibility to enter the business space you lease in California. In an emergency – such as any of the following – it is your landlord’s responsibility to enter and address the issue at hand:
- Smoke or other signs of a fire
- Gas leak
- Burglary
- Other emergent concerns
Sometimes a commercial lease will allow the landlord to enter the business at any time in order to make repairs or inspections, which amounts to the right to enter at nearly any time for nearly any reason and is generally considered an invasion of privacy. Hammering out lease terms that protect your right to privacy is advised.
#7 – The Responsibility of Sublease Approval
When a commercial tenant chooses to transfer a portion of their interest in the commercial lease, it creates a sublease, which must be approved by the landlord as one of the commercial landlord legal responsibilities. In the State of California, however, the landlord must have a valid reason for withholding a sublease consent. In those instances when a sublease is allowed, the original tenant becomes the sub-tenant’s landlord.
#8 – The Responsibility of Meeting Specific Energy Efficiency Requirements
California imposes careful energy efficiency (and energy efficiency reporting) requirements for commercial properties – predicated on building size – which the landlords themselves are responsible for upholding. Failure to do so can result in costly fines and penalties.
#9 – The Responsibility for Commercial Liability Coverage
It is the responsibility of commercial landlords to cover liability insurance for the building at large and for all common spaces. Business tenants, however, are often required to carry liability insurance for their own business spaces.
#10 – The Responsibility of Minimizing Security Risks
Your commercial landlord is also responsible for minimizing the premise’s overall security risk, including matters such as locks on doors and windows and any necessary security systems, such as those that incorporate alarms and video cameras.
Seek the Legal Guidance of an Experienced California Commercial Lease Attorney Today
If you lease a commercial space, the building owner has a wide range of important responsibilities, but when they are not specifically addressed by the commercial lease you sign, ensuring that these responsibilities are upheld becomes more challenging. If you are facing an issue that relates to commercial landlord legal responsibilities, do not hesitate to reach out for the skilled legal guidance of a seasoned California commercial lease attorney at Polymath Legal PC by contacting or calling us at (833) 931-6418 today.