What are considered unreasonable demands in returning a commercial property to its original condition?

Asked over 1 year ago - San Antonio, TX

Do improvements to property (paid by tenant to landlord who also had to make the improvements) count toward returning property to original condition?

Attorney answers (3)

  1. Melissa D. Lenhard

    Contributor Level 13

    3

    Lawyers agree

    Answered . Your question is a little unclear. The condition of a commercial space upon the expiration or earlier termination of the lease should be specified in the Lease Agreement. Most often, the lease will require the tenant to return the premises in the same condition in which it was delivered except for reasonable wear and tear. That said, any improvements paid for by the Landlord (via a tenant improvement allowance) should remain with the premises unless the Landlord requests that they be removed. Additionally, any subsequent alterations or fixtures would likely have to be left with the premises. So the condition upon surrender is not actually the same condition as upon delivery, assuming you received a vanilla shell and made improvements and structural alterations – you would return the premises with those improvements and alterations, which are considered Landlord’s property.

    I hope this answers your question and I wish you good luck.

    This response does not create an attorney-client relationship and is not intended to provide legal advice for your... more
  2. Steven John Clausen

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . The lease needs to be reviewed by a real estate attorney to address your situation.

  3. Cheryl Rivera Smith

    Contributor Level 20

    Answered . You should get this issue clarified by your landlord in writing if possible.

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Tenant rights

Tenant rights vary by state, but in general, you have the right to safe and habitable housing, privacy, and to not be discriminated against, among other things.

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