Do improvements to property (paid by tenant to landlord who also had to make the improvements) count toward returning property to original condition?
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 specific situation
Real Estate Attorney
You should get this issue clarified by your landlord in writing if possible.
The lease needs to be reviewed by a real estate attorney to address your situation.