Building Better Leases Series – Premises: Condition

Building Better Leases

It is the Landlord’s statutory duty to maintain the rented Premises in a habitable condition at all time. Similarly, it is the Tenant’s statutory duty to refrain from damaging the Premises throughout their occupancy. To avoid dispute over who is responsible for any damage to the Premises, the Tenant and the Landlord complete a Condition of Premises.

In the Condition, the Tenant agrees that beginning with the Commencement Date or the Early Possession Date (whichever comes first) that the Premises are in fact in livable condition and that in the event that there are any defective or dangerous conditions, they will notify the Landlord immediately. The Condition includes a warranty, so it’s imperative that the Lessee carries out their due diligence on the Premises in a timely manner if they want the Lessor to fix an issue; otherwise the Tenant may face high economic impact. One thing to note is that the length of the warranty is arbitrary, so the Landlord and the Tenant can increase or decrease the warranty period based on how they see fit.