Maintenance Obligations and Interface Matrices in Commercial Leases

The use of a commercial space (office, logistics hall, restaurant) consumes surfaces and equipment heavily beyond the limits of customary private housing. Since the commencement of the Act on Commercial Leases on 1 May 1995, a robust legal framework has governed these relationships. Via authorities or under the threat of District Court (Käräjäoikeus) proceedings, numerous disputes are fought over the question: Does the B2B company tenant pay for the breakdown of the cooling air source heat pump, or the hosting landlord company taking from the investor's wallet?

Legal Default - The LHVL Starting Point

The Act on Commercial Leases (482/1995) provides the statutory baseline. Under Section 18, unless otherwise agreed, the premises must be in such condition as the tenant can reasonably require, taking into account the age of the premises, the condition of premises used for a corresponding purpose in the area, and other local conditions. Section 19 dictates that the landlord is responsible for the maintenance and repair of the premises to keep them in this required condition, unless the parties have contractually allocated these responsibilities to the tenant.

Furthermore, Section 23 clarifies that while the tenant is liable for damages caused by their willful act or negligence, they are not liable for ordinary wear and tear resulting from the use of the premises for the purpose specified in the lease, provided the landlord is responsible for maintenance.

However, in the Finnish commercial space B2B world, this scenario very rarely becomes reality for the owning company. B2B freedom dictates: Almost all the maintenance of the interior spaces and indoor shell equipment is contractually transferred 100% to the tenant company's financial responsibility.

Typical Division of Responsibilities (Contract Practice in Commercial Spaces)

1. Structures and Outer Surfaces (Owner's Responsibility)

The major renovations maintaining the core value of the real estate and the demands of massive justifications fall to be paid from the profit margin of B2B landlords as the long-term development of the company:

• Roof renewals and roof leaks (Outer shell).
• The radiators of the property's basic heating network or large company-wide sewer systems.
• Painting of exterior walls or plinths.
• Maintenance of external glass and massive framing. (If, however, vandalism breaks the glass, the tenant's vandalism insurance usually seeks compensation due to the heavy protection requirements set by the contract).

2. Inner Surfaces, Equipment and Care (Tenant's Responsibility)

In industrial halls, offices, and grocery stores, the contract overrides LHVL and slaps the so-called inner maintenance and damage compensation cost onto responsibility through a broad B2B insurance-space responsibility.

• Building technology equipment in the Commercial Space: The renewal of automatic door motors upon breaking down, the maintenance and complete replacement to a new one of the commercial space-specific exhaust air pump and vestibule fan belong to a typical contract to the tenant ("Everything that the tenant's business exclusively burdens or the space requires - including refrigerators, cold displays...").
• Wear and tear and repainting of interior walls.
• Renewal of keys and locks.

Interface Matrix (Vastuunjakotaulukko / Gränssnittslistan)

Especially in office centers, listing individual clauses (such as "who pays for the purchase of a new HVAC filter") by the page directly into the contract is confusing. Professionals in the industry equip the contract with a fixed "Interface Matrix" Appendix (Vastuunjakotaulukko). This is a massive Excel/PDF grid, which ticks off with clear X marks every compressor, fluorescent tube series, and floor molding next to it, whether the Renewal/Maintenance is paid by Business ID (Company-Tenant) or O (Landlord-Owner). This immediately prevents expensive HVAC equipment disputes by looking at just one paper when a dispute arises.

Handover Condition - Returning the Spaces "To Original"

Regarding the return of the property, Section 23 stipulates that the tenant may not perform alterations without the landlord's permission. If permission is granted, the parties should agree on whether the tenant must restore the premises to their original condition. If no agreement is made, the tenant is generally expected to return the premises in the condition they were in at the start of the lease, accounting for normal wear and tear.

While commercial contracts often include specific "make-good" clauses requiring restoration to a specific state (such as removing social facility kitchens), the statutory default is the original condition minus wear and tear, rather than an absolute right for the landlord to demand "empty concrete walls" unless that was the state at handover. This is related to the B2B prerequisite's free alteration right and its accompanying reconversion.

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