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 Washington State, the responsibility for maintenance and repairs in a commercial lease is largely determined by the specific terms of the lease agreement. 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, both the landlord and tenant share the maintenance and repair obligations. It is crucial for both parties to carefully review and negotiate the terms of the lease to ensure a clear understanding of their respective responsibilities. Washington State law does not prescribe a one-size-fits-all approach to these matters, so the lease agreement itself is the primary source for determining responsibilities.