Do commercial landlords have the duty to provide a safe workable environment for their tenants?

UPDATED: Jul 4, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 4, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do commercial landlords have the duty to provide a safe workable environment for their tenants?

You have leased a commercial property but noticed that there is major damages to the lock of the back door (to the point that it no longer works). Shouldn’t that be the responsibility of the landlord to provide basic safety and repair the damages, since the damages were not caused my the current tenant?

Asked on July 4, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, there is a distinction between residential and commercial leases and the duties owed by the landlord as to each greatly differ.

The duties owed to a residential tenant are much higher than a commerical tenant by the landlord. As to the lock at the back door of the commercial building and whose responsibility it is to fix it, you should carefully read the commercial lease. Its terms and conditions control the issue of the lock repair.

If the lease is silent on the subject then most likely it is the tenant's duty to fix the lock unless the issue was brought to the landlord's attention before the lease was entered into and the landlord agreed to make such repairs at his or her cost.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption