For a commercial lease, responsibility for the maintenance and repairs varies greatly depending on the nature and language of the lease agreement. For example, the lease may be a full service or gross lease in which the landlord has responsibility for most all maintenance and repairs—or the lease may be at the other end of the spectrum—a triple-net lease (NNN) in which the tenant has responsibility for most all maintenance and repairs. Or the lease may be a modified gross lease in which the landlord and tenant share responsibility for maintenance and repairs.
In North Dakota, as in many other states, the responsibility for maintenance and repairs in a commercial lease is largely determined by the terms of the lease agreement itself. A full service or gross lease typically means the landlord is responsible for most maintenance and repairs, whereas a triple-net lease (NNN) places this responsibility on the tenant. In a modified gross lease, both the landlord and tenant share these responsibilities. It is crucial for both parties to carefully review and negotiate the terms of the lease agreement to ensure a clear understanding of who is responsible for what aspects of property maintenance and repairs. The specific allocation of these responsibilities should be explicitly stated in the lease to prevent future disputes. An attorney can provide guidance on the implications of the lease terms and help negotiate an agreement that aligns with the client's interests.