What is the best way to handle maintenance requests outside of the lease agreement?

1 Review the lease terms

The first step is to review the lease terms and see what exactly is your responsibility and what is your tenant's responsibility when it comes to maintenance. Depending on the type of lease, you may have different obligations for the structural, mechanical, electrical, plumbing, and cosmetic aspects of the property. For example, a gross lease may require you to handle most of the maintenance costs, while a net lease may shift more of the burden to the tenant. You should also check if there are any clauses that specify how maintenance requests should be submitted, approved, and paid for.

2 Communicate clearly and promptly

The second step is to communicate clearly and promptly with your tenant about their maintenance request. You should acknowledge their request as soon as possible and let them know what you can or cannot do to address it. If you need more information or clarification, ask them politely and professionally. If you agree to perform the maintenance, give them a reasonable timeline and budget. If you decline or defer the maintenance, explain your reasons and offer alternatives or compromises. You should also document all the communication and agreements in writing to avoid misunderstandings or disputes later.

3 Consider the benefits and costs

The third step is to consider the benefits and costs of performing the maintenance request outside of the lease agreement. Sometimes, it may be in your best interest to accommodate your tenant's request, even if you are not legally obligated to do so. For example, if the maintenance can improve the value, functionality, or appearance of the property, you may benefit from it in the long run. Or, if the maintenance can enhance your tenant's satisfaction, retention, or referral, you may gain more loyalty and revenue from them. On the other hand, you should also weigh the costs and risks of doing the maintenance, such as the time, money, labor, liability, and disruption involved.

4 Negotiate a fair deal

Negotiating a fair deal with your tenant for the maintenance request outside of the lease agreement is the fourth step. You should strive for a win-win situation where both parties feel satisfied with the outcome and that they are receiving value for their money. There are various ways to achieve this, such as sharing the cost of the maintenance based on usage or benefit, offering a rent reduction or credit in exchange for the maintenance, allowing the tenant to perform the maintenance themselves or hire their own contractor (subject to your approval and inspection), extending or renewing the lease term or adding an option to purchase the property, and incorporating the maintenance into the lease agreement as an amendment or a rider.

5 Monitor and follow up

The fifth step is to monitor and follow up on the maintenance request outside of the lease agreement. You should ensure that the maintenance is done according to the agreed specifications, standards, and schedule. You should also inspect the quality and safety of the work and address any issues or defects promptly. You should also keep track of the payments and receipts for the maintenance and update your accounting and tax records accordingly. Finally, you should follow up with your tenant and get their feedback on the maintenance and your service. You should also thank them for their cooperation and business and maintain a positive and professional relationship with them.

6 Seek legal advice

The sixth and final step is to seek legal advice if you have any doubts or concerns about the maintenance request outside of the lease agreement. A commercial leasing lawyer can help you understand your rights and obligations under the lease and the law, as well as advise you on how to handle any potential disputes or claims that may arise from the maintenance. A lawyer can also help you draft, review, and enforce any contracts or agreements that you make with your tenant or contractor for the maintenance. It is always better to be safe than sorry when it comes to commercial leasing matters.