Triple Net Lease Dispute
Summary
In a triple net lease, tenants are typically responsible for repairs and maintenance, but not for major replacements like driveways or roofs. If a landlord refuses to replace these, tenants can refer to the lease agreements provisions, highlighting that replacements due to wear and tear are the landlords responsibility. Tenants should formally request the landlord to address these issues to prevent financial harm to their business. Consulting a real estate attorney for further guidance may be beneficial.Full Conversation
we have a triple net lease agreement for our business. we need prepare an answer to the landlord where he is not willing to replace the driveway which is causing financial harm to our business now. Our argument is that the lease agreements ask for repair and maintenance of the premises. But the driveway and roof now needs replacement which is not Tenant's responsibility as per the lease agreement.
Your response to the landlord can be structured as follows:
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Response to Landlord
Dear [Landlord's Name],
We wish to address the necessary repairs to the driveway and roof at * St Georges Avenue. As per our lease agreement, it is understood that the tenant is responsible for repairs and maintenance. However, both the driveway and roof now require full replacement, which is not the tenant’s responsibility.
Relevant Lease Provisions:
- Repairs and Care: While the tenant must maintain the premises, replacements due to wear and tear are not included.
- Maintenance and Repairs: The tenant is responsible for maintenance but not for significant replacements.
We kindly request that you arrange for the replacement of the driveway and roof at your earliest convenience. These replacements are crucial to prevent further financial harm to our business.
Thank you for your prompt attention to this matter.
Sincerely,
****
Quality 1st Auto Repair LLC
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