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PLAYBOOK TEMPLATES
Office Lease
An Office Lease establishes tenancy rights and obligations for commercial premises. This playbook analyzes rent structures, maintenance responsibilities, and default remedies.
Maintenance and Repairs
Negotiation strategy
Ensure that structural repairs and capital improvements are clearly defined as the Landlord's responsibility. Negotiate for reasonable notification and response times to manage repair requests efficiently.
Negotiate for clear terms on preventative maintenance responsibilities to avoid unexpected costs. Ensure that non-structural repair obligations are manageable and cost-sharing terms are fair.
Essential elements
1
Preventative Maintenance Obligations
Tenant's duty for regular upkeep.
2
Repair Responsibilities
Defines structural vs. non-structural repairs.
3
Capital Improvements
Landlord's duty for major upgrades.
Action framework
ACCEPT
Propose edits if the notification and response times are impractical or if cost-sharing terms are unclear.
EDIT
Reject clauses that unfairly allocate all repair responsibilities to one party without cost-sharing.
ADD
Add clauses for shared facilities or complex scenarios requiring joint responsibilities.
PRO TIP
Always include a dispute resolution mechanism to handle disagreements over maintenance responsibilities.
Real-world examples
FAVORABLE
Balanced Maintenance Responsibilities
"The Tenant shall be responsible for all preventative maintenance of the Premises, including but not limited to regular inspections, servicing of HVAC systems, plumbing, electrical systems, and other mechanical equipment. The Tenant shall ensure that all preventative maintenance is performed in accordance with industry standards and manufacturer recommendations."
NEUTRAL
Standard Repair Clause
"The Landlord shall be responsible for all structural repairs to the Premises, including repairs to the roof, foundation, and exterior walls. The Tenant shall promptly notify the Landlord of any structural issues requiring repair. The Tenant shall be responsible for all non-structural repairs, including repairs to fixtures, fittings, and interior walls."
UNFAVORABLE
Unclear Cost-Sharing Terms
"Costs for repairs shall be shared between the Landlord and Tenant as follows: the Landlord shall bear the cost of structural repairs and capital improvements, while the Tenant shall bear the cost of non-structural repairs and preventative maintenance. Any repair costs exceeding $5,000 shall require prior written approval from both parties."
Alternative scenarios & positions
Shared Facilities
In shared facilities, maintenance responsibilities may need to be adjusted to account for common areas. Ensure that cost-sharing arrangements are clearly defined and agreed upon by all parties involved.
High-Risk Properties
For properties with higher risk of damage, such as those in flood zones, additional clauses may be necessary to address specific maintenance and repair needs.
Long-Term Leases
In long-term leases, consider including periodic reviews of maintenance responsibilities to ensure they remain fair and relevant over time.
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