• Written by: Bernard Toth
• October 20, 2026

Commercial Lease Repairs in California: Who Pays?

Who pays for a repair in a commercial lease in California is decided by the lease itself, not by a state habitability rule. In most leases the landlord owns the roof, structure and base building systems, and the tenant owns what sits inside the suite. The repairs and maintenance clause, the alterations clause and the lease type settle the rest.

The dispute usually starts small. A ceiling tile stains after a roof leak, a door closer stops latching, an exit sign goes dark. The landlord’s property manager says it is a tenant item. The tenant says it is the building. Neither side sends a technician while they argue, and the problem gets bigger. This guide walks through how to settle the question from your own lease, what California adds on top, and how to get the repair moving while you sort out who pays.

What California law says about commercial repairs

Residential tenants in California get an implied warranty of habitability. Commercial tenants do not. A commercial lease is treated as a contract between two businesses, so the repair split is whatever the document says, including where it is unfavorable. If the lease is silent on an item, you should not assume the landlord will pick it up. Courts have generally not read a landlord repair duty into commercial space that the lease did not create.

The state does add a few rules around the edges of that contract:

• Accessibility disclosure. Under Civil Code section 1938, a commercial lease must say whether a Certified Access Specialist (CASp) has inspected the premises. The statutory statement also tells the parties to agree in the lease on who pays for any inspection and for repairs needed to correct violations. Read that paragraph closely, because it is one of the few places where cost allocation is spelled out for you.
• Itemized common area charges. California’s SB 1103, codified at Civil Code section 1950.9 and effective January 1, 2025, requires itemized, documented common area maintenance statements for qualifying small tenants, such as microenterprises, restaurants and small nonprofits under set employee limits. If you pay CAM and your landlord only sends a single lump sum, ask for the backup.
• Code compliance can be shifted by contract. California courts have enforced lease terms that put the cost of complying with building codes on the tenant. If your lease has a compliance-with-laws clause, a code-driven repair can land on you even when the underlying defect is old.

Lease types and who usually pays

The lease type sets the default. In a triple net (NNN) lease, the tenant pays base rent plus a share of property taxes, insurance and maintenance, so tenants usually carry more of the upkeep. A full-service (gross) lease rolls most operating costs into the rent, so the landlord handles more. A modified gross lease sits between the two and is where unclear wording shows up most. The table below shows typical splits. They are patterns, not rules, and a negotiated lease can flip any row.

Green marks the landlord, orange the tenant, grey means the lease wording decides. Fire and life safety equipment in the building shell is the one row where nearly everyone agrees, but equipment inside your suite, like an emergency light on your ceiling, often lands in a gray area. We cover that case in our guide to exit sign and emergency light testing in California.

Common repairs, item by item

Doors and closers. A door that will not close or latch is one of the most common repair calls in leased space, and it is usually a tenant item in NNN and modified gross leases. Closers also carry an accessibility angle, since the force needed to open an exterior door is regulated. See our guides on door closer replacement cost and the ADA storefront door requirements.

Restroom partitions and fixtures. Loose hinges, broken latches and damaged panels inside a tenant restroom generally fall to the tenant, while shared restrooms in multi-tenant buildings are typically landlord-managed. Our restroom partition repair guide covers what hardware fixes cost.

Lighting and electrical. Bulbs, ballasts, drivers, fixtures and switches inside the suite are normally the tenant’s. The panel, the service and the wiring in the walls are where leases differ. If a breaker keeps tripping, start with the commercial breaker tripping guide to work out whether it is a tenant load problem or a building wiring problem. If you need an electrician, our commercial electrician page lists what we handle.

General upkeep. Patching drywall, repainting after a leak, replacing ceiling tiles and fixing hardware are routine tenant items in most leases. Our commercial handyman service and commercial building repair pages cover that work, and the small commercial repairs guide shows which delays get expensive.

Seven clauses to read before you pay

1. Repairs and maintenance. It names who maintains the premises, the building systems and the common areas. Look for the exact word each item uses: maintain, repair or replace. Many leases make the tenant responsible for repair but leave replacement of major items to the landlord.
2. Alterations. Moving an outlet, adding a light or swapping a door may need written consent, and some leases require the landlord’s approved contractor.
3. Compliance with laws. This clause can shift code upgrades, accessibility work and fire code items onto the tenant.
4. Common area maintenance and operating expenses. It sets what you pay as a share and what the landlord can pass through, and it may cap increases.
5. Notice and cure. It sets how you notify the landlord, how long the landlord has to respond and what happens if they do not.
6. Insurance and indemnity. It states the coverage a vendor must carry and who bears the risk of a contractor’s work.
7. Surrender and restoration. It decides whether repairs and alterations must be reversed when the lease ends.

What to do when something breaks

You can get a repair moving without winning the argument first. The process below keeps your paper trail clean and keeps the building safe while the question of who pays gets answered.

Two details save the most time. First, photograph the problem with the date visible, because a stained ceiling that has been left for weeks looks different from one that was reported on day one. Second, ask whether the building keeps an approved vendor list. Some buildings only allow listed contractors on site, and others require a certificate of insurance before any vendor can start. We carry $2M general liability and can send a certificate of insurance the same day, so that step does not hold up the job.

If the issue is a safety problem, such as exposed wiring, a door that will not secure, a blocked exit or a leak near electrical equipment, do not wait for the cost question to finish. Make it safe first, document it, and sort out who pays afterward.

Sample notice email

Keep the tone neutral. The email exists to create a record, and a calm record is more useful if the dispute escalates.

What a repair visit costs

Our commercial rate in the Los Angeles area runs $105 to $195 an hour, with a minimum charge of $110 to $210 depending on the job. Trip charges run $20 to $95, and work that has to happen outside building hours is billed at 1.25 to 1.6 times the standard rate. The chart shows those published ranges. For a fuller view of how commercial quotes are built, see our commercial handyman rates and quotes guide, the commercial maintenance budget guide and the price guide.

If a repair is clearly the landlord’s responsibility, you can sometimes hire the work and bill it back, but only if the lease allows it. Many do not, and some require notice and a waiting period first. A short email before you pay for anything costs nothing compared with learning that your lease did not allow offset. Landlords reading this from the other side can find ideas in our landlord’s guide to reducing maintenance costs.

FAQ

Is the landlord or the tenant responsible for repairs in a commercial lease in California?

It depends on the lease. California has no implied warranty of habitability for commercial space, so the repairs and maintenance clause controls. Landlords usually keep the roof, structure and base building systems, and tenants usually keep the interior of the suite.

Who pays for HVAC repairs in a triple net lease?

Most NNN leases put HVAC maintenance and repair on the tenant, and some also make the tenant pay for replacement or a share of it. Check whether the lease says repair, replace or both, and whether the landlord has an approved HVAC vendor.

Can a commercial tenant withhold rent for repairs in California?

Do not assume you can. Commercial tenants do not have the same statutory rent withholding or repair-and-deduct rights as residential tenants, so any offset right has to come from the lease. Talk to a commercial real estate attorney before withholding rent.

Does the landlord have to fix exit signs and emergency lights?

Life safety equipment in the building shell is generally the landlord’s. Fixtures inside the tenant’s suite may fall to the tenant under the lease. Either way, test records are usually kept by the building owner or the party that controls the system, so confirm who keeps the log.

Who pays for code or ADA upgrades?

The lease allocates it. Civil Code section 1938 requires a CASp disclosure in commercial leases and tells the parties to agree on who pays for inspections and repairs. A compliance-with-laws clause can shift other code costs to the tenant.

Get the repair looked at

If you manage a leased space and want a technician to look at the repair and tell you what it is, call us at 818-835-0556 or see our commercial handyman services in Los Angeles. Knowing exactly what is broken makes the cost conversation with your landlord shorter.

Related guides: Restaurant breaker keeps tripping · Exit sign and emergency light testing · Commercial and retail store maintenance · Office maintenance in Los Angeles