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 New Hampshire, as in many 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 the landlord is responsible for most maintenance and repairs, whereas a triple-net lease (NNN) places this responsibility on the tenant. In a modified gross lease, the landlord and tenant share these responsibilities. It is crucial for both parties to carefully review and negotiate the terms of the lease agreement to ensure a clear understanding of who is responsible for what aspects of property maintenance and repairs. There are no specific New Hampshire statutes that dictate these responsibilities; they are contractually based and thus subject to negotiation between the landlord and tenant.