09/10/2026
The air conditioner dies during the hottest part of summer. Now what?
Your first instinct may be to call the landlord—but in a commercial lease, that doesn’t necessarily mean the landlord is responsible for fixing it or paying the bill.
Depending on the lease, the tenant may be responsible for routine maintenance, repairs or even replacing the HVAC unit entirely. Other agreements may divide the responsibility, place a limit on what the tenant pays or require a specific service contract.
And the questions don’t stop at “Who pays?”
Who arranges the repair? How quickly does it need to be addressed? Is the unit dedicated to the space or shared with other tenants? What happens if a repair turns into a full replacement?
For tenants, these are important details to understand before signing—especially when an extended loss of air conditioning could affect employees, customers, inventory or the ability to remain open.
For landlords, clearly defining those responsibilities and documenting the condition of the equipment can help prevent a very uncomfortable disagreement later.
The most expensive surprise in a commercial lease may be sitting on the roof.
Considering a commercial lease? Let’s look beyond the four walls before you sign. Call me at 361-877-1144.