Massachusetts Commercial Maintenance: NNN Leases and CAM Charges

In Massachusetts commercial leasing, the implied warranty of habitability that protects residential tenants does not apply. The division of maintenance responsibility is driven entirely by the lease, making the initial negotiation of repair clauses critically important.

Official Law Citation: The obligations for maintenance and repairs in a commercial tenancy are established strictly by the terms negotiated within the lease document.

NNN Lease: Tenant Bears the Burden

In a standard Triple Net (NNN) lease, the commercial tenant assumes responsibility for virtually all maintenance and repair costs for the leased premises, including:

• Interior maintenance (painting, flooring, plumbing fixtures).
• HVAC system maintenance and repair.
• Exterior maintenance (depending on lease terms-can include roof, parking, and landscaping for a single-tenant building).
• Structural repairs (in a true NNN, even structural elements can be the tenant's responsibility).

The landlord's remaining role is primarily as the owner of record and the entity carrying the building insurance (the premium for which is passed through to the tenant as Additional Rent).

Gross Lease: Landlord Maintains

In a Gross lease structure, the landlord embeds the maintenance costs into the rent:

• The landlord maintains the building's structure, exterior, roof, and major systems (HVAC, elevator, plumbing).
• The tenant maintains the interior of their premises (lighting, minor repairs, cleanliness).

CAM (Common Area Maintenance) Charges

For multi-tenant commercial properties in Massachusetts (office buildings, retail plazas), the landlord maintains the common areas and charges tenants a proportionate CAM fee as part of their Additional Rent.

CAM charges typically cover:

• Landscaping and snow removal (critical in Massachusetts winters).
• Parking lot maintenance and lighting.
• Lobby and hallway cleaning.
• Elevator maintenance.
• Security systems.

Negotiating CAM Caps

Tenants should negotiate:

• Annual caps on CAM increases (e.g., 3-5% maximum annual increase).
• Audit rights to verify the landlord's actual expenditures.
• Exclusions for capital expenditures, management fees above a certain percentage, and costs attributable to other tenants' negligence.

End-of-Lease Restoration

Many commercial leases require the tenant to "restore" the premises to their original condition at the end of the lease, including:

• Removing all non-structural tenant improvements (partition walls, custom flooring).
• Repairing any damage caused during the removal.
• Leaving the premises in "broom clean" condition.

If the tenant fails to restore, the landlord will perform the work and charge the cost to the tenant or deduct it from the security deposit.

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