9.18 C. Wear And Tear
| Jurisdiction | New York |
C. Wear and Tear
A well-negotiated lease should at least stipulate that your client is not responsible for repairing normal wear and tear. Some landlords require tenants to “restore” their leased space when they leave. Advise your client against agreeing to such an arrangement. Since almost every tenant has needs that require modification of the space...
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- 9.0 I. Introduction
- 9.1 II. The Space
- 9.2 III. Operating Expenses— The Trickiest Clause
- 9.3 A. Umbrella Or Enabling Clause
- 9.4 B. Exclusions
- 9.5 C. Capital Improvements
- 9.6 D. Double-Dipping
- 9.7 E. Electricity
- 9.8 IV. Rent Increases
- 9.9 A. Base Year
- 9.10 B. Fair Share
- 9.11 C. IndeXIng The Rent
- 9.12 D. Overlapping Escalation Formulas
- 9.13 E. Disappearing Indices
- 9.14 V. Real Estate Taxes
- 9.15 VI. Alterations, Maintenance, And Repair
- 9.16 A. Alterations
- 9.17 B. Maintenance
- 9.18 C. Wear And Tear
- 9.19 VII. Casualties And Catastrophes
- 9.20 A. Casualties
- 9.21 B. Other Catastrophes—Off-Site Events
- 9.22 VIII. Escapes And Extensions
- 9.23 A. Subleasing
- 9.24 B. Assignment
- 9.25 C. Renewals
- 9.26 IX. Dispute Resolution
- 9.27 X. Negotiating The Workletter
- 9.28 A. The Build-Out Workletter
- 9.29 B. Interior Allowance And Fit-Up
- 9.30 XI. Conclusion
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