In general, the rights of commercial tenants are inscribed in the lease. Courts tend to decide cases based on adherence to lease terms even if the terms seem to violate aspects of basic fairness. Residential tenants have far more protections than commercial tenants do under the law. For example, there are protections for residential tenants in instances of foreclosure, lack of landlord maintenance, and entry to the property by the landlord. To facilitate a positive landlord-tenant relationship, spell out lease terms clearly. Regarding entry to the property by the landlord, define what constitutes “adequate notice” clearly in your lease. This is especially important for tenants whose businesses require some level of confidentiality. Make sure that you ensure more than adequate notice in cases of invasive maintenance that may affect your tenant’s business operation.
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