[WSBARP] Commercial Lease - What Constitutes Reasonable Use and Wear?

[Rob Rowley]

Assume long term commercial lease for a restaurant where the sewer
collapses in the parking lot where it connects to city sewer line due to
old age.  Building was built in early 1950s.



As part of the landlord sewer line repairs the old grease trap inside (not
a cause of the line collapse) has to be now replaced at great cost to
tenant to bring up trap to code.  But for the line not collapsing the
tenant would not be bearing the new grease trap replacement cost.



When I review the below relevant lease section landlord is liable for the
exterior (which I say includes sewer line).  Tenants usage over the 3+
decades constitutes “reasonable usage and wear” for which the landlord has
fully amortized.



What says the brain trust?
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