I am reading the language for a lease. This specific provision stood out to me as potentially significant:

Subject to applicable law, Tenant shall keep and maintain the Leased Premises and all equipment and fixtures thereon or used therewith repaired, whole and of the same kind, quality and description and in such good repair, order and condition as the same are at the beginning of the Term of this Lease or may be put in thereafter, reasonable and ordinary wear and tear and damage by fire and other unavoidable casualty only excepted.

If Tenant fails within a reasonable time to make such repairs, or makes them improperly, then and in any such event or events, Landlord may (but shall not be obligated to) make such repairs and Tenant shall reimburse Landlord for the reasonable cost of such repairs in full, as additional rent, upon demand.

Does this indicate that the Tenant is only liable in case of negligence or if failure to inform the landlord of an issue.

Is that correct?

Or is this language more broad and makes the Tenant be on the hook should the solar panel, the HVAC or the washer stop working.


1 Answer 1


The provision states that the Tenant (you) is responsible for keeping the leased premises and all equipment and fixtures in good repair, except for reasonable wear and tear and damage by fire or unavoidable casualty.

If you fail to make necessary repairs within a reasonable time or do so improperly, the Landlord may, at their discretion, make the repairs and require you to reimburse them for the reasonable cost of those repairs as additional rent.

The broker's interpretation seems to suggest that you would only be liable for repairs due to negligence or failure to inform the landlord of an issue. However, the language of the provision is broader, stating that you are responsible for maintaining the premises and equipment in good repair, regardless of negligence.

While the provision does not explicitly mention negligence, it does imply that you are responsible for the upkeep of the leased premises and equipment, which could include items such as the solar panel, HVAC system, or washer.

It's essential to carefully review the entire lease agreement to see if there are any additional clauses or provisions that may clarify or limit your liability for specific types of repairs or maintenance issues.

If you're still unsure about your obligations under the lease, it may be beneficial to seek further clarification from the landlord or consult with a legal professional who can review the lease in detail and provide personalized advice based on your specific situation.

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