Commercial maintenance costa rica | Landager

Commercial maintenance in Costa Rica is primarily governed by the General Law of Urban and Suburban Rentals (Law No. 7527), which entered into force on August 17, 1995. Contrary to common misconceptions, Law 7527 applies to both residential and commercial leases (Article 4), though it allows greater contractual freedom for commercial parties regarding specific maintenance allocations.

Under Article 30, the landlord is statutorily obligated to perform all reparaciones necesarias (necessary repairs) to maintain the property in a state suitable for its intended use. This includes structural integrity, roofs, and major internal systems (plumbing/electrical) not damaged by the tenant. Conversely, Article 34 mandates that the tenant is responsible for reparaciones locativas (minor/ordinary repairs) which, by custom, are the tenant's charge, as well as any repairs for damage caused by the tenant, their employees, or guests. Disputes arising from maintenance obligations are typically adjudicated in the Civil Courts (Juzgados Civiles) or specialized Lease Courts (Juzgados de Arrendamiento).

In the commercial sector, maintenance responsibilities are often structured around conventions like Gross or Triple Net (NNN) leases. It is important to understand that NNN terminology—where the tenant assumes costs for taxes, insurance, and maintenance—is a contractual convention and not a statutory requirement. The most critical statutory compliance issue is Law 7600 (Costa Rica's Disability Law). Articles 41-45 of Law 7600 require all commercial establishments to be accessible to persons with disabilities. Compliance is a mandatory prerequisite for obtaining or renewing a municipal business license (Patente). Under Article 31, the landlord has the right to inspect the property once a month, in the company of the tenant, unless otherwise agreed in the contract.

Maintenance in the Commercial Sector

Maintenance responsibilities in commercial leases are almost entirely determined by the specific agreement. In Costa Rica, most professional leases follow a "Net" structure.

The HVAC Battleground

In Costa Rica's heat, air conditioning is the most common maintenance dispute. Unless the building has a central cooling system, the internal AC units are usually the tenant's responsibility to service and repair. Landlords should require proof of a quarterly maintenance contract from the tenant to protect the building's infrastructure.

Grease Traps and Specialized Systems

For restaurants, grease trap maintenance is a mandatory disclosure and obligation. If a tenant's grease clog causes a building-wide sewage backup, the liability can be extreme. Landlords should perform regular inspections to ensure these specialized systems are being cleaned according to Health Ministry standards.

External vs. Internal Repairs

While commercial leases often attempt to assign "everything inside the four walls" to the tenant, Law 7527, Article 30, establishes that the landlord is responsible for all reparaciones necesarias (necessary repairs) to maintain the property's suitability for use. This includes major internal systems and functional fixtures like sinks and toilets, unless the damage is caused by the tenant. The tenant's statutory duty under Article 34 is limited to reparaciones locativas (minor/ordinary repairs) and damage resulting from their own fault.

How Landager Helps

Landager tracks lease terms, automated rent reminders, and document expiration - making it easy to stay compliant with Costa-rica regulations.

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