For a commercial lease, responsibility for the maintenance and repairs varies greatly depending on the nature and language of the lease agreement. For example, the lease may be a full service or gross lease in which the landlord has responsibility for most all maintenance and repairs—or the lease may be at the other end of the spectrum—a triple-net lease (NNN) in which the tenant has responsibility for most all maintenance and repairs. Or the lease may be a modified gross lease in which the landlord and tenant share responsibility for maintenance and repairs.
In Hawaii, as in other states, the responsibility for maintenance and repairs in a commercial lease is largely determined by the terms of the lease agreement itself. A full service or gross lease typically means that the landlord is responsible for most maintenance and repairs, ensuring that the property remains in good condition without additional costs to the tenant. On the other hand, a triple-net lease (NNN) shifts the responsibility for most, if not all, maintenance and repairs to the tenant, along with the costs of insurance and property taxes. A modified gross lease represents a middle ground where the landlord and tenant negotiate and share the responsibilities and costs for maintenance and repairs. It is crucial for both landlords and tenants to carefully review and negotiate the terms of their lease agreement to clearly understand their respective obligations. An attorney can provide valuable assistance in interpreting and negotiating lease terms to protect a party's interests.