Property Damage Disputes: Who Is Responsible for Repairs in a Commercial Lease?
- September 29, 2025
- Business Law
When dealing with commercial property issues, it’s vital to understand who is responsible for the problems that might arise. This is particularly important if property damage occurs that’s significant enough to require repairs. Understanding commercial lease terms and knowing what provisions to add to the contract can help prevent future issues. With a lease agreement, each party’s responsibilities will be clearly outlined and unambiguous.
The Maryland landlord/tenant law attorneys at Lusk Law, LLC, can help you understand your rights. If you’re a landlord, we can help you prepare an appropriate lease agreement and represent you in tenant disputes. If you’re a tenant, we can ensure that the property owner is treating you fairly and respecting your rights.
Reach out to schedule a consultation today by calling us at (443) 535-9715.
What to Know About Leases
Understanding Commercial Lease Terms
One of the first things our real estate law attorneys always remind clients is that it’s useful to have a solid idea of the various types of leases and how they address repairs. The lease type itself can answer a lot of questions about what your responsibilities are.
With a gross lease, for example, the tenant’s rent covers all property operating expenses — they pay a flat fee, and the landlord takes care of the costs. But what about repairs? Typically, the landlord would see to all of the necessary repairs around the property.
A modified gross lease is one step down from a gross lease, which means the landlord has to insure the property and maintain common areas. The tenant pays a base rent and covers utilities, repairs, and the cleaning of their unit.
Net leases require that the tenant pay rent as well as a fixed fee for operating expenses. There are different kinds of net leases, from single to triple net leases, and each type can affect who is responsible for repairs.
No matter what type of lease you’re considering, it’s important to make sure the language is clear and the responsibilities of each party are defined in detail. With a lawyer helping you draft the lease or assessing it before you sign, you can add the necessary provisions that address everything from who will cover damage the tenant causes to whether common areas fall under the landlord or tenant’s purview.
Let’s look at an example of why clear language in a lease is so critical.
If a tenant complains about water damage to their unit’s ceiling, they may expect the landlord to repair the problem, blaming them for not waterproofing the roof. The landlord, however, may be able to point to lease terms suggesting they’re not responsible for the unit’s interior, including the ceiling. Such an issue can quickly escalate, potentially leading to litigation. Clearer language in the lease could have easily prevented the problem.
The team at Lusk Law, LLC, has argued in front of the Appellate Court of Maryland and the Supreme Court of Maryland.
The Landlord’s Responsibilities
A landlord’s responsibilities can vary depending on the contents of the lease agreement. In Maryland, however, they have a duty to maintain safe and habitable premises for their tenants. That means taking care of structural issues (unless the tenant causes them) and providing essential services like water, heating, and electricity.
Landlord responsibility also extends to maintaining common areas, including elevators and stairwells, and providing major system repairs. If a water heater breaks, for example, the landlord, rather than the tenant, would be responsible for the repairs.
There are exceptions to these responsibilities, however. A tenant that signs a lease for a property “as-is” can’t demand that the landlord fix damage that was present when they signed the contract. Additionally, if the tenant’s negligence led to the damage, the necessary repairs usually won’t be the landlord’s responsibility.
The Tenant’s Responsibilities
Tenants must pay attention to wear and tear in their units and let their landlords know about it. While it falls to the landlord to repair this type of damage most of the time, if a tenant doesn’t address the problem and it continues to get worse, they may bear some responsibility for not letting the owner know.
Normal wear and tear can include everything from chipping paint to loose carpeting. However, damage like holes punched in the walls or carpet burns or stains might fall under the heading of tenant responsibility. Generally speaking, tenants are responsible for any damage they cause.
Tenants must also get permission from their landlords to make modifications to the property. If they don’t get the okay and opt to proceed anyway, they may be forced to undo the changes later on. When the lease ends, tenants will have to restore the property to its original condition unless the landlord approves the changes.
Resolving Disputes
When there are disputes between landlords and tenants, the first step in resolving them is to establish open communication about the problem. Tenants should always seek clarification from their landlord regarding who’s responsible for repairs and ask for where in the lease those provisions are stated. If the landlord or tenant doesn’t tackle the necessary repairs, however, it may be wise to seek legal assistance.
With a lawyer assisting you, it’s possible to discern who’s responsible for what and hold them accountable. While the goal is to keep these disputes out of court, that’s not always possible. Landlord/Tenant attorneys can help you with all of your litigation needs to ensure that you receive fair treatment under Maryland law.
Contact Lusk Law, LLC, for Experienced Representation
Advocates for Life’s Obstacles and Opportunities
Whether you’re a tenant or landlord, you have certain rights when you enter into a commercial lease agreement. The lease should clearly delineate the responsibilities of both the property owner or manager and the occupant. If that’s not the case and disputes arise, you’ll need a qualified real estate law attorney to guide you.
The dedicated legal professionals at Lusk Law, LLC, have years of experience helping the people of Maryland understand their rights when it comes to commercial leases. Don’t wait to get the support you need.
Call us at (443) 535-9715 today to schedule a consultation with one of our capable lawyers.