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 Jersey, 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, ensuring the property remains in good condition and operational for the tenant. Conversely, a triple-net lease (NNN) shifts the majority of these responsibilities to the tenant, including real estate taxes, building insurance, and maintenance. Tenants under a NNN lease are often responsible for the upkeep of structural elements, HVAC systems, and common area maintenance, among other things. A modified gross lease represents a middle ground where the landlord and tenant negotiate and share the responsibilities for maintenance and repairs. The specific allocation of these duties should be clearly outlined in the lease agreement to prevent disputes. It is advisable for both landlords and tenants to consult with an attorney to understand their rights and obligations under a commercial lease in New Jersey.