Commercial Leases: Structuring Tenant Build-Out, Improvement, Maintenance, and Repair Provisions

Commercial Leases
Some of the most overlooked but potentially costly lease provisions address pre-leasing improvements, build-out, repair, and maintenance issues. Provisions regarding the build-out of premises must address cost issues, completion dates and delays, warranties, and defects.

Maintenance and repair provisions address critical issues of reasonable repair period, rent abatement, lease termination, waivers of tenant rights, breach of implied warranty of suitability, and tenant self-help remedies. Parties must also address obligations to restore property after a casualty loss.

Listen as our authoritative panel of commercial real estate practitioners discusses drafting and negotiating lease provisions regarding pre-commencement improvement, build-out, and functional maintenance and repair, as well as indemnification provisions to allocate risk.
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