Repairs and Maintenance Within Tenant Lease Agreements

Sacramento, California (Ashley West, Esq.) - Even when lease agreements place the burden to repair and maintain all of the leased premises on the tenant, courts may not enforce the obligation.

Legally, the text of a lease may provide that a tenant will assume responsibility for any and all repairs and maintenance on the leased property. The California Supreme Court has developed an elaborate test for determining whether the text of the lease agreement truly reflects the intent of the party, and is therefore enforceable. Courts will apply six factors to determine whether the parties truly intended what the lease indicates, including: 1) the cost of repairs compared to the value of the lease; 2) the term of the lease; 3) the benefit of repairs to the tenant compared to the benefit of repairs to the owner; 4) whether the repairs are structural or nonstructural; 5) the extent to which the repairs interfere with the tenants enjoyment of the premises; and 6) the likelihood that the parties knew that the certain repairs would be necessary at the time that they entered into the lease.

For advice on the best way to craft a repair and maintenance provision in a lease, please contact Ashley West.