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

[Catherine Clark]

How is the term “premises” defined in the Lease?

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
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Seattle, WA 98104
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From: Douglas Scott<mailto:doug at rainieradvocates.com>
Sent: Friday, July 7, 2023 1:49 PM
To: WSBA Real Property Listserv<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Commercial Lease - What Constitutes Reasonable Use and Wear?

Did the grease trap come with the premises belonging to the landlord such that it was part of the leasehold. If so, then the landlord must replace it.

DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

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On Fri, Jul 7, 2023 at 12:33 PM Rob Rowley <rob at rowleylegal.com<mailto:rob at rowleylegal.com>> wrote:
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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