Tenant Measurement Standards Explained

Summary

The tenants measurement standard differs from BOMA by not accounting for shared spaces and not deducting structural elements. Section 10.05 of the lease allows tenants to perform repairs if the landlord fails to do so within 30 days after notice, except in cases of force majeure or tenant delay. Tenants can claim reimbursable costs after notifying the landlord. Consider discussing discrepancies with your landlord or consulting a real estate attorney for specific concerns.

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HOW DOES IT DIFFER FROM BOMA
The measurement standard you're referring to seems to differ from BOMA (Building Owners and Managers Association) standards in a few ways:
- BOMA Standards: Typically account for areas such as common corridors, restrooms, and lobbies, often including a pro-rata share of these spaces.
- Your Clause: Specifically measures from exterior walls without deductions for columns or mechanical systems, which may not align with BOMA's inclusion of shared space.
Do you have any questions on how this might affect your lease agreement?
WHAT DOES THIS MEAN FROM TENANT SIDE REVIEW LIKE A TOP LAWYER: *.* If Landlord shall fail to commence the making of any repairs or the performance of any maintenance required to be performed by Landlord pursuant to Section *.* of this Lease, other than as a result of Force Majeure (as defined in Section *.*) or any Tenant Delay, within thirty (*) days after Landlord’s receipt of written notice from Tenant thereof, and such default by Landlord shall materially adversely impact the normal conduct of the Permitted Use in the Premises, Tenant’s sole right and remedy for such failure shall be, after the expiration of five (*) days after Landlord’s receipt of further written notice to Landlord of its intention so to do, to cause such repairs to be made or maintenance to be performed in compliance with the other terms and conditions of this Lease and to make a claim against Landlord for the Reimbursable Tenant Costs (as hereinafter defined)
From a tenant's perspective, Section *.* outlines your rights if the landlord fails to make repairs or perform maintenance as required by the lease:
- Notice Requirement: You must provide written notice to the landlord.
- Time Frame: Landlord must start repairs within 30 days, barring force majeure or tenant delay.
- Tenant Remedy: If the landlord fails, you can perform repairs and claim reimbursable costs after notifying the landlord again.
Do you have any specific concerns about exercising this right?