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Who is responsible of fixing foundation, structure and roof before signing lease

Houston, TX |
Attorney answers 3


It is part of the negotiation. Be sure you get the responsibility clarified in writing BEFORE signing.

Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum. If you think my answer is helpful, please mark it as helpful. If you think my answer is the BEST ANSWER, I will gladly accept credit! Thanks for using AVVO, and may all your legal problems be small ones!!!


I agree to an extent with the previous attorney responding to your post. You will be able to find out by reviewing the lease agreement. Read it before signing it. Many facilities make the tenant responsible for things that occur after signing. I would suggest that you have an inspection person to look at these things. If some need work or replacement, I would discuss how these items will be corrected with the proposed Landlord.

You might want to consult with real estate attorney or agent to help you with the lease before entering into the agreement.

Good luck!

My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.


Generally speaking, in a commercial lease of a structure -- the lessor (property owner) is responsible for the foundation, walls, and the roof from start to finish of the lease term. Those are often the only things the lessor is willing to be responsible for.

This is subject to negotiation.

The question suggests there will be significant value from seeing a lawyer with commercial lease experience. It is rare for the broker/agent to be an effective person in the negotiations -- they may be in this example but it is rare.

Please avoid a deal that does not clearly serve your best interests. The grief alone from the litigation is material.

The foregoing comments are provided for informational purposes only, and without a fee agreement and fees paid there is no attorney-client relationship being made and no legal services will be provided now or later.

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