Maintenance & Repair Obligations
Also called: Repair Clause · Upkeep Obligations
A maintenance and repair clause allocates responsibility for keeping a leased or occupied property in good condition — specifying which party handles routine upkeep, structural repairs, and damage from normal wear versus tenant-caused damage. Left undefined, it becomes a running dispute over who pays for what.
In more detail
The default split in most tenancies is that landlords handle structural and major system repairs (roof, plumbing, electrical) while tenants handle day-to-day upkeep and damage they cause — but contracts frequently deviate from this default, and the deviation needs to be explicit rather than assumed.
"Normal wear and tear" is the recurring point of disagreement — a carpet that fades over years of ordinary use is different from one damaged by a specific incident, and a contract that doesn't define the boundary leaves it to be argued after the fact.
Response time for urgent repairs (a burst pipe versus a cosmetic issue) is worth specifying separately — a landlord obligated to "repair within a reasonable time" has far less accountability than one obligated to respond to urgent issues within 24-48 hours.
A commercial lease requires the landlord to maintain structural elements and shared systems (HVAC, plumbing), while the tenant is responsible for interior upkeep and any damage beyond normal wear and tear — with a defined 48-hour response window for urgent repair requests.
What our lawyers check
- Which party is responsible for which category of repair — structural, systems, cosmetic
- Whether "normal wear and tear" is defined or left ambiguous
- Response time commitments, especially for urgent issues
- Who bears the cost of repairs caused by the other party's negligence
Contracts where this clause matters
Related terms
This definition is general information about commercial contracting practice, not legal advice. How a clause operates depends on the specific wording of your agreement and the law that governs it. For advice on your contract, have it reviewed by a lawyer.
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