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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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