For a commercial lease, responsibility for the maintenance and repairs varies greatly depending on the nature and language of the lease agreement. For example, the lease may be a full service or gross lease in which the landlord has responsibility for most all maintenance and repairs—or the lease may be at the other end of the spectrum—a triple-net lease (NNN) in which the tenant has responsibility for most all maintenance and repairs. Or the lease may be a modified gross lease in which the landlord and tenant share responsibility for maintenance and repairs.
In Texas, the responsibility for maintenance and repairs in a commercial lease is largely determined by the terms of the lease agreement itself. A full service or gross lease typically means the landlord is responsible for the majority of maintenance and repairs, ensuring the property remains in good condition and operational for the tenant. Conversely, a triple-net lease (NNN) shifts most, if not all, of the responsibility for maintenance, repairs, and operational costs onto the tenant. This includes costs such as property taxes, insurance, and common area maintenance. A modified gross lease represents a middle ground where the landlord and tenant negotiate and share the responsibilities and costs for maintenance and repairs. It is crucial for both landlords and tenants to carefully review and negotiate the terms of their commercial lease agreement to clearly understand their respective obligations. An attorney with experience in commercial real estate can provide valuable guidance in interpreting and negotiating lease terms to ensure the parties' interests are adequately protected.
