Common Area Maintenance Clause for Commercial Lease

Use this free Common Area Maintenance Clause for a commercial lease agreement to customize it for a shopping center or retail condo premises.

Click the Download button to download the Common Area Maintenance Clause in Microsoft Word format, or copy and paste the text below.

Maintenance of Shopping Center Common Areas
(a) The phrase /Common Areas/ as used in this lease shall include parking areas, roadways, playgrounds, public toilets, flower beds, lawns, walkways and other facilities from time to time available for use or benefit of customers of tenants of the premises in the Shopping Center.

(b) The cost of maintaining the Common Areas shall include the cost of operating, lighting, cleaning, snow removal, supervising, policing, insuring against claims for casualties, injuries and damages which may occur in such areas, repairs to and replacements of paving, curbs, walkways, landscaping, drainage and lighting facilities as may from time to time be or become necessary. The manner in which the Common Areas and facilities shall be maintained and the expenditures from them is and shall be made in the sole discretion of the Landlord. The Tenant's proportionate share of maintenance costs shall from time to time be determined by the Landlord upon such basis as the Landlord may in its discretion consider equitable, having regard to the area of the Premises, the use made of the Common Areas by customers of the Tenant. The decision of the Landlord in respect thereto shall be final and binding upon the Tenant.

(c) For the good and welfare of all tenants in the Shopping Center, their employees, agents, customers and invitees, the Landlord expressly reserves the right to promulgate reasonable rules and regulations relating to the use of the Common Areas. These rules and regulations shall be binding upon the Tenant upon the Landlord's mailing a copy of such rules and regulations to Tenant, or posting such rules and regulations in a conspicuous place within the confines of the Shopping Center to be designated for such purpose. For the enforcement of the rules and regulations the Landlord shall have available to it all the remedies provided for breach of this lease and all legal remedies whether mentioned in this lease or not both at law and in equity.