CHAPTER 10 Repairs and Maintenance

• Jurisdiction: United States
• Publication year: 2022

CHAPTER 10 Repairs and Maintenance¹

Chapter Contents

§ 10.01 Obligations of the Parties

[1] Landlord Obligations

[a] The Majority Rule
[b] The Minority Rule
[c] Comment

[2] Tenant Obligations

§ 10.02 Quality of Service

§ 10.03 Self-Help Remedies

§ 10.04 Repairs Necessitated by Preexisting Conditions

[1] During Initial Tenant's Work

[2] Future Repairs

[3] Hazardous Materials—Risks and Remediation

[a] Allocating Risk and Remediation Obligations
[b] CERCLA's Bona Fide Prospective Purchaser Defense
[c] Landlord's Remediation Responsibilities
[d] Identifying and Booking Liabilities for Expected Environmental Cleanup Costs

[4] Potential Landlord/Tenant Issues Involving Mold

[a] Introduction
[b] Maintenance and Reporting Requirements
[c] Assessment and Remediation
[d] Indemnification
[e] Insurance
[f] Tenant's Perspective
[g] Establishing a Checklist for Mold Detection, Evaluation and Remediation
[h] Assessing the Cause and Extent of the Mold and Moisture Damage and Tips for Proper Maintenance
[i] A Checklist of Leases Issues—A Mold Addendum
[j] Sample Mold-Related Clauses
[k] Devising a Policy and Program to Deal with Mold-Related Issues

§ 10.05 Insurance Coverage for Damage to Tenant Property and Improvements

[1] Ownership Interests and Insurance Obligations

[2] The Lease Language

[3] Insurance Policies and Coverage

[a] The Interplay of Multiple Insurance Policies
[b] "Other

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