In New York, commercial leasing arrangements can be intricate, particularly when it comes to allocating responsibility for repairs. Whether you’re a landlord or tenant, understanding who is responsible—and why—can save time and money and prevent costly disputes.
Working with a seasoned commercial lease attorney can help clarify these obligations and draft a lease that protects your interests.
Understanding the Basics: Lease Type Matters
Commercial leases in New York generally fall into one of several types: full‑service (gross), modified gross, net, or triple net (NNN). In full-service leases, the landlord typically covers most building expenses, including standard maintenance and repair.
Net leases, by contrast, shift more costs—such as taxes, insurance, and maintenance—to the tenant. In a triple-net or “absolute net” lease, tenants often bear nearly all operational costs, leaving the landlord with minimal responsibilities.
However, default obligations under statute and case law remain in effect. A commercial lease that shifts every responsibility to the tenant may be enforceable—but courts in New York look to the actual lease terms, contract principles under New York Real Property Actions & Proceedings Law § 101 et seq. and General Obligations Law §§ 7‑101 through 7‑109, and fairness in extreme cases.
Statutory Duties: What the Law Says
Unlike residential leases governed by the warranty of habitability under RPL § 235-b, commercial leases do not impose a general law requiring a “livable” or “usable” business premises. Yet New York courts recognize implied obligations and limits on landlord conduct, such as the constructive eviction doctrine, where a landlord’s actions—or failures—substantially interfere with a tenant’s business environment.
Furthermore, basic statutory rules of contract interpretation apply: courts rely on express lease terms, historical negotiations, and default statutes when a lease is silent.
Structural Repairs: Landlord’s Responsibility
Generally, landlords are responsible for maintaining the structural integrity of the building. This includes foundational elements, roof, exterior walls, and supporting beams. Unless the lease explicitly shifts this to the tenant, structural deficiencies—attributable to age or wear—rest on the landlord.
Structural repairs often require the services of licensed professionals and can affect areas beyond the leased premises. For example:
- Repairing foundation cracks or wall shifts
- Addressing a leaky, weakened, or deteriorating roof
- Ensuring load-bearing components aren’t compromised
A commercial landlord/tenant attorney can ensure that your lease establishes a clear distinction between the landlord’s structural obligations and the tenant’s duties—even in net‑lease structures.
Building Systems: HVAC, Plumbing, Electrical
The landlord typically maintains central systems that serve the entire building, including plumbing risers, main electrical panels, and centralized HVAC systems. When issues with these systems compromise tenant operations, the landlord must act—unless the lease delegates responsibility.
That said, leases often carve out interior units. A tenant may be contractually required to maintain plumbing fixtures, interior ductwork, or heating and cooling systems within its demised premises. Such terms must be spelled out and carefully reviewed by a commercial lease attorney.
Code Compliance and Insurance
Landlords are tasked with ensuring common areas and the building shell comply with NYC zoning, fire/safety codes, and disability laws (ADA). A well-drafted lease will designate who is responsible for upgrades, inspections, or certifications.
Insurance is another critical area: landlords often require tenants to carry property and liability insurance, indemnifying the landlord for damages caused by the tenant. A New York City landlord attorney ensures those provisions align with risk allocation goals and prevent insurance gaps.
Non-Structural/Interior Repairs
Tenants typically handle interior, non-structural maintenance within their space:
- Replacing or repairing flooring, interior wall surfaces, fixtures, and cabinetry
- Routine HVAC filter changes and thermostat adjustments
- Minor plumbing or electrical work inside the premises
- Cosmetic updates to preserve business function
Again, scope depends on lease type—most triple-net and NNN leases expect tenants to handle these; a landlord may be responsible only for substantial issues or shared systems.
Common Areas and Sidewalk Maintenance
Landlords usually maintain:
- Common entryways, stairwells, hallways
- Elevators, trash collection, lighting
- Exterior walkways and sidewalks—especially snow/ice removal in NYC
Leases may shift some sidewalk obligations to tenants under net arrangements, but default law views these as landlord responsibilities unless explicitly assigned.
Tenant Negligence vs. Wear and Tear
If damage results from tenant misuse or negligence, the tenant typically bears the cost of repair or restoration, even in cases of structural damage. Conversely, normal wear and tear is the landlord’s responsibility.
The lease should define “ordinary wear and tear” and set out inspection and notice procedures. This avoids disputes when the lease term ends, often addressed in a “dilapidations schedule.”
Tenant Remedies: When Landlord Fails to Repair
If a landlord neglects necessary repairs, the tenant has limited recourse:
- Commercial tenants can claim breach of contract or constructive eviction; a lease may allow them to perform repairs and deduct the costs from the rent if properly invoked.
- Landlords cannot interfere with tenants’ business by commencing unnecessary repairs or locking out tenant access; New York law prohibits these actions.
A commercial landlord/tenant attorney’s role is crucial when invoking remedies or drafting self-help provisions to ensure compliance with Notice and Cure terms and prevent default.
Lease Negotiation: Allocating Repair Responsibilities
To avoid disputes, parties need clear, negotiated repair clauses:
- Define system maintenance – HVAC, plumbing, electrical—who covers what?
- Clarify structural vs. non-structural – Landlord covers the former unless the lease specifies otherwise.
- Code upgrades – Identify building-wide versus unit-specific improvements and cost-sharing.
- Routine maintenance – Filters, fixtures, lighting—often tenant‑handled.
- Delays and defaults – Include cure periods, cost caps, self‑help rights.
A commercial lease attorney can help tailor each element, especially in multi‑tenant buildings or where tenants significantly impact structural loads.
The Role of Specialized Clauses
Three key clauses frequently appear in New York commercial leases:
- Hell or High Water Clause: The tenant continues to make payments regardless of any issues, even if the premises are rendered unusable due to disasters.
- Good Guy Clause: In NYC office leases, tenants can terminate the lease early if they vacate properly—useful in the event of defaults.
- Constructive Eviction: Legal doctrine allowing tenants to vacate and stop paying rent when the landlord’s failures prevent business use.
Inclusion and interpretation of these require guidance from an experienced New York City landlord attorney.
Best Practices for Landlords and Tenants
- Landlords should:
- Clearly outline repair obligations for building structural systems, common areas, and code compliance.
- Maintain an accurate repair history and respond timely to tenant requests.
- Use precise language—avoid broad phrases like “any necessary repair.”
- Consult a commercial lease attorney during the drafting or modification of your lease.
- Tenants should:
- Engage a commercial landlord/tenant attorney to review all repair clauses, especially for net leases.
- Document deficiencies and request remediation in writing.
- Understand cure periods and self-help remedies.
- Keep records of repairs they perform to offset against rent, if permitted.
Case Example
A tenant in Brooklyn signs a triple-net lease. The roof begins to leak onto the interior racks. The tenant discovers that roof patches haven’t been maintained for years. The lease clearly states the landlord’s responsibility for roof, structural elements, and building-shell issues.
Rather than performing repairs, the tenant’s commercial landlord/tenant attorney sends demand letters. The landlord delays for over a month without remedy. The tenant files for a court‑appointed “Yellowstone injunction,” compelling the landlord to repair and tolling default, while reserving rights under constructive eviction.
Outcome: The landlord completes the roof repair, the tenant keeps the business running, and evades costly litigation.
Understanding Landlord Repair Responsibilities
In New York commercial leasing:
- Landlords are generally responsible for structural upkeep, building systems, common areas, and code compliance.
- Tenants typically handle interior maintenance and routine tasks—unless the lease stipulates otherwise.
- Contract terms override default obligations, so negotiating repair allocations is essential.
- Legal doctrines such as constructive eviction, self-help rights, and judicial injunctions can unlock remedies, but they must be appropriately exercised.
- Working with a New York City landlord attorney ensures clarity, effective risk management, and enforceability.
Understanding repair responsibilities helps prevent costly misunderstandings and biases that can lead to litigation. Whether preparing a new lease, handling a repair dispute, or pursuing self-help, professional legal guidance ensures that rights are protected, obligations are honored, and business operations stay uninterrupted.
If you’re negotiating a commercial lease—or facing a dispute over repair obligations—consulting a qualified commercial lease attorney or commercial landlord/tenant attorney is the best way to stand on solid legal ground.
