Parties' obligations regarding premises condition and layout? | ScriptaLegal
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Frequently asked questions > Commercial lease > The rights and obligations of each > What are the obligations of the parties as to the condition and the layout of the premises?

What are the obligations of the parties as to the condition and the layout of the premises?

  • The lease should generally contain a clause to the effect that the lessor makes a commitment to deliver the premises to the lessee in a condition ready for the use for which the premises were leased. It is thus important, so much for the lessee or the lessor, depending on whom obliges itself in the lease, to verify with the municipal authorities if the latter allow the use for which the premises were leased.
  • The lease can provide that the lessee declares that he visited the premises and that he accepts them in their actual condition.
  • Some leases specifically mention that the lessor has no obligation to modify the leased premises to satisfy the needs of the lessee.
  • When the lessee requests leasehold improvements to the lessor, it is appropriate to well stipulate, with plans and specifications in support, the repairs which will have to be executed by the lessor.
  • At the end of the lease, the lessee normally makes the commitment to return the leased premises, such as he received them at the time of his acceptance, except for normal wear and tear.
  • If the lessee, at the beginning or during the lease, brings important leasehold improvements, let us give the example of a mezzanine, it would be appropriate, before its construction, to obtain from the lessor a document to the effect that the latter will not oblige the lessee to demolish it at the end of the lease.
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