Legal Question in Landlord & Tenant Law in California
I have rented a commercial office suite since 2003 from the same landlords (however the husband passed away in 2005). The commercial grade grey rug has now been tattered due to normal wear and tear of 7 years of business and the generic white paint shows its age. My question is absent the replacement of the carpet and paint being mentioned expressly in the original lease agreement, is there some legal precedent or law which requires that a commercial landlord replace the carpet and/or paint after a certain amount of years that have passed since the original lease was signed? If not, how about sharing the costs of a carpet shampooing?
2 Answers from Attorneys
It will depend on what is written in your lease. A commercial lease is different than a residential lease with regard to a landlord's obligations. Unless the worn carpet/paint is somehow affecting your ability to do business, I think the lease terms control.
Most commercial leases place all responsiblity for repairs and maintenance of interior furnishings and fixtures on the tenant. Some provide for the landlord to do it. If your lease is completely silent on maintenance, it's a very odd, very poor lease. To answer your specific question, however, no there is no law that would require a commercial landlord to replace worn paint and carpet.
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