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CAPITAL & CONDITION · CRITICAL REVIEW PRIORITYLEASE TOPIC · Maintenance, repair and replacement

Who fixes it, who replaces it, and who pays?

Use this page to divide day-to-day maintenance, repair and capital replacement across the premises, building systems, structure and shared areas.

TenantLandlordFinanceOperationsLegal
See what this page does ↓
WHAT THIS PAGE IS

A guide that turns this lease term into a practical next step.

Use this page to divide day-to-day maintenance, repair and capital replacement across the premises, building systems, structure and shared areas.

01Understand the termSee what it controls in everyday language.
02Check your situationGet the first questions for your side of the deal.
03Do the workOpen the matching workspace and organize the evidence.
MAKE IT SPECIFIC TO YOU · ABOUT 20 SECONDS

What are you trying to do?

Choose your side and the situation you are dealing with. We will show you what it probably means, what to check first and where to continue.

01 Which side are you on?
02 What is happening?

Important: This helps you understand and organize the issue. The signed lease, amendments, facts and applicable law still need qualified review.

01 · WHEN THIS PAGE IS FOR YOU

Use this when one of these situations is real.

Budgeting occupancy
Equipment fails
Negotiating responsibility
IF YOU ARE THE TENANT

Avoid open-ended responsibility for structure, old systems or conditions outside the premises.

IF YOU ARE THE LANDLORD

Define service standards, access, cost recovery and tenant-caused work.

02 · WHAT YOU ACTUALLY DO

Turn the clause into a controlled decision.

  1. 01

    Create an asset list covering premises and base-building systems.

  2. 02

    Assign maintenance, repair and replacement separately for each asset.

  3. 03

    Record standards, response times, warranties and cost recovery.

  4. 04

    Preserve inspection, service and completion evidence.

DOCUMENT-REVIEW BOUNDARY

This page is a practical checklist—not lease wording.

The actual meaning depends on the complete lease, amendments, facts and governing law. Use the prompts below to extract and brief the issue; do not paste this page into a lease as a substitute for drafting and legal review.

03 · QUESTIONS TO ANSWER

What the business team needs to know

  1. Who replaces major systems at end of useful life?
  2. Which structural, roof, slab and exterior items remain with the landlord?
  3. Do warranties and service histories transfer or remain accessible?
04 · WHAT TO CAPTURE

What to capture from the document

01

Tenant obligations

List premises, systems, preventive service and replacement duties.

02

Landlord obligations

List structure, roof, common systems and service standards.

03

Cost recovery and exceptions

Capture additional-rent recovery, negligence and capital treatment.

05 · WHAT TO WATCH FOR

Terms that can change the practical outcome

  • Tenant replacement obligation for pre-existing or obsolete systems
  • Landlord capital work recovered through an overly broad operating-cost definition
  • No condition baseline at delivery
06 · PROFESSIONAL REVIEW

What qualified counsel needs to test

Create a system-by-system responsibility matrix and reconcile direct tenant obligations with landlord recoveries, condition evidence, warranties and casualty allocation.

Commencement-control handoff: Carry the exact source, planned and actual events, accountable owner, required authority or professional evidence and every affected gate into Lease Commencement & Handover. A completed workflow task, key delivery or permit reference does not determine possession, acceptance, lawful occupancy, rent commencement or accounting treatment.

07 · AUTHORITATIVE SOURCE DESK

Jurisdiction and statutory context

These sources support limited context only. They do not decide how the actual lease operates.

Ontario — Renting commercial property ↗Provincial overview explaining that commercial leases are negotiated contracts and identifying selected Ontario statutory rules and remedies.Québec — Civil Code, lease provisions ↗Official Civil Code of Québec. General lease provisions begin at article 1851; civil-law analysis is distinct from common-law provinces.
BUILD THE EVIDENCE SCHEDULE

Control the work behind the clause.

Register the complete source, responsible party, internal owner, next review date and performance evidence without turning a workflow status into a compliance conclusion.

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