Self-Help Provision in Commercial Leases

A self-help provision protects a tenant from a negligent landlord where a tenant requires certain repairs and the landlord fails to adequately address them. This provision allows the tenant to make its own emergency repairs and ensures that the tenant will be reimbursed for its expenses.

Self-help provisions are especially important if you are entering into a lease where the property lacks the appropriate TLC (tender loving care) from the landlord. A rundown property is evidence that a landlord has failed to properly maintain the property in the past and could do so in the future.

Most commercial leases do not contain a self-help provision because it is not a landlord-friendly provision. It is best to begin negotiating the inclusion of self-help provision early on in the negotiation process.

If you would like to discuss how we can help you draft, review, and/or negotiate a commercial lease on your behalf, please call Kapadia & Naik at 770-881-8081.