Rhode Island Commercial Maintenance: Landlord & Tenant Duties

In Rhode Island commercial leases, governed by the Commercial Leasing and Other Estates Act (R.I. Gen. Laws § 34-18.1) and common law, maintenance obligations are determined strictly by the lease terms. Unlike residential tenancies, Rhode Island does not recognize an implied warranty of habitability for commercial properties (see Bitting v. Gray, 897 A.2d 25). In the absence of an express covenant in the lease, a landlord is under no obligation to make repairs to the leased premises. This guide covers how maintenance duties are typically allocated and how regulatory requirements interact with contractual agreements.

Maintenance Allocation by Lease Type

Regulatory Compliance and Lease Obligations

While Rhode Island law does not impose statutory maintenance duties on commercial landlords, regulatory liability and contractual agreements shape responsibilities:

Building and Fire Code Compliance

• Regulatory Liability: Under the State Building Code (RIGL § 23-27.3) and Fire Safety Code (RIGL § 23-28.1), the "owner" is the primary party liable to the state for enforcement.
• Contractual Performance: The lease agreement determines which party is responsible for the performance and cost of compliance. In Triple Net (NNN) leases, the tenant typically assumes all maintenance, repair, and compliance costs.
• Fire Safety: Responsibilities for maintaining fire suppression systems and scheduling annual fire inspections are frequently assigned to the tenant for their specific leased space.

ADA Accessibility

• Responsibility for ADA compliance (42 U.S.C. § 12101) is typically divided by contract.
• Landlords generally maintain accessible entrances, restrooms, and common areas.
• Tenants are typically responsible for compliance and removing barriers within their specific "place of public accommodation" (the leased premises).

Structural Integrity

• Under Rhode Island common law, a landlord has no duty to maintain the structural integrity of the building (foundation, roof structure, exterior walls) unless specifically required by the lease agreement.

Environmental Compliance

• Managing any known environmental hazards (asbestos, lead, contaminated soil)
• Complying with Rhode Island Department of Environmental Management (DEM) regulations
• Maintaining proper documentation of environmental conditions

Common Area Maintenance (CAM)

For multi-tenant commercial properties, landlords typically maintain common areas, though the cost is often passed through to tenants:

Typical CAM Responsibilities

• Parking lots — Striping, lighting, repaving, snow removal
• Landscaping — Lawn care, tree maintenance, irrigation
• Building exterior — Cleaning, painting, repairs
• Common hallways and lobbies — Cleaning, lighting, HVAC
• Restrooms (if common) — Cleaning, supplies, fixture maintenance
• Elevators — Inspection, maintenance, repairs
• Roofing — Inspection, repairs, replacement

CAM Charges

• Tenants typically reimburse the landlord for CAM expenses based on their pro-rata share of the total leasable area
• The lease should clearly define what expenses are included in CAM
• An annual reconciliation compares estimated monthly CAM payments to actual expenses
• Many leases include CAM caps limiting year-over-year increases (often 3–5%)

Tenant Maintenance Obligations

Under most commercial leases, tenants are responsible for:

Interior Maintenance

• Keeping the leased premises clean and sanitary
• Maintaining interior finishes (painting, flooring, ceiling tiles)
• Repairing or replacing tenant-installed fixtures and equipment
• Maintaining plumbing fixtures within the tenant space
• Keeping interior lighting operational

HVAC Systems

• In NNN leases, tenants often maintain their own HVAC units
• Regular filter changes and preventive maintenance are typically required
• The lease may require maintenance by licensed contractors
• Tenants should maintain service records to demonstrate compliance

Trade Fixtures and Equipment

• Tenants are responsible for all trade fixtures and business equipment
• At lease end, tenants must remove trade fixtures and repair any damage caused by removal

Capital vs. Operating Expenses

A common source of commercial lease disputes is the distinction between capital expenditures and operating expenses:

Common Capital Items

• Roof replacement (not repairs)
• HVAC system replacement
• Structural repairs
• Parking lot repaving (vs. patching)
• Elevator modernization

The lease should clearly define how capital expenditures are handled and whether they may be amortized and passed through to tenants.

Best Practices for Landlords

1. Define maintenance obligations clearly — Specify exactly who is responsible for each system and component
2. Require preventive maintenance — Include lease provisions requiring tenants to perform regular maintenance on assigned systems
3. Conduct regular inspections — Schedule periodic walk-throughs with proper notice
4. Maintain detailed records — Log all maintenance work, inspections, and expenses
5. Address issues promptly — Deferred maintenance leads to larger, more expensive problems
6. Budget for capital expenditures — Set aside reserves for major replacements
7. Include maintenance standards — Specify minimum standards and approved contractors in the lease

How Landager Helps

Landager's commercial property management platform helps you track maintenance schedules, manage work orders, monitor CAM expenses, and maintain inspection records — ensuring your commercial properties remain well-maintained and code-compliant.

Back to Rhode Island Commercial Property Laws OverviewPreview unavailable.