West Virginia Commercial Maintenance Obligations

The implied warranty of habitability and the repair-and-deduct remedy under West Virginia residential law do not extend to commercial properties. Maintenance obligations are entirely governed by the lease agreement.

No Implied Habitability Warranty

Commercial landlords have no statutory obligation to maintain the premises in any particular condition. If the lease is silent, the tenant accepts the premises "as-is."

Triple Net (NNN) Lease Obligations

Under a NNN lease, the tenant assumes near-total maintenance responsibility:

• Property taxes: Tenant's proportionate share.
• Insurance: Building insurance premiums.
• CAM charges: Landscaping, parking lot, exterior repairs, common area utilities.
• Structural repairs: Often shifted to the tenant.

CAM Charges

In multi-tenant buildings, Common Area Maintenance costs are allocated by proportionate square footage. The lease should address:

• What is included in CAM calculations.
• Landlord management fee (typically 10-15%).
• Annual CAM cap to limit increases.
• Tenant's right to audit CAM expenses.

West Virginia Climate Considerations

West Virginia's mountain climate creates specific maintenance demands:

• Snow and ice removal: Critical for higher-elevation properties.
• Foundation and drainage: Mountainous terrain increases water runoff and foundation concerns.
• Roof maintenance: Heavy snowfall and ice dam concerns.
• HVAC systems: Must handle cold winters and humid summers.

How Landager Helps

Landager tracks maintenance responsibilities per lease, monitors CAM budgets, and logs all repair work for lease-end condition assessments.

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