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Who is Responsible for Air Duct Cleaning in a Leased Commercial Building?

Air conditioning systems are a very critical part of any commercial building. They improve air quality thus aiding with the comfort in the office. The enhanced air circulation further helps to protect any stock stored in warehouses. Many people are never bothered or fazed by the issues that emanate from the servicing and repair of air conditioning systems such as air duct cleaning as they automatically assume that it is a function of the landlord and this is not always the case. It is therefore crucial for both the lessor and the tenant to be fully aware and cognizant of the condition of the air conditioning system and the amounts they are expected to pay to cater towards the said system.

This therefore necessitates the incorporation and structuring of such distinct terms in a lease agreement to be certain about who accounts for and is answerable for the replacement, fixing and servicing of the air conditioning systems. The foregoing helps in determining who will be responsible for the cleaning in a rented commercial building. This article will highlight the several types of arrangements that can exist in such a tenancy and the party responsible for the cleaning under each plan.

Air duct cleaning for commercial building

Shared Responsibility

This arrangement clearly provides that both the lessee and the landlord are charged with and are accountable when it comes to the air duct cleansing including all the costs involved. This plan provides for equal responsibility when it comes to cleaning in that the servicing costs involved are evenly distributed between both the occupant and the proprietor. Both parties should also be equally involved in arranging for the cleaning.

Landlord’s Duty

In such instances, the lessor is fully responsible for cleaning the air ducts as the rental agreement clearly stipulates that he will provide for and cater for all the costs associated with the same. This is common in full-service leases, which are preferable by some as the servicing costs are duly incorporated into the rent rendering the landlord culpable and answerable for repairs and commercial building related expenditure including the cleaning. This leaves the occupant absolved from any costs or liability emanating thereof as the property owner is fully tasked with the cleansing responsibility and all other air conditioning systems servicing and fixing.

Tenant’s Duty

The tenant is responsible for the air duct cleansing under these types of arrangements. The implication herein is that they arrange and provide for how the cleaning will be undertaken without the involvement of the renter as it is solely their own responsibility. The occupant devoid of the lessor’s participation assumes a majority of the commercial building’s operating charges and this can be frequently witnessed in net and triple net rental agreements. Under such tenancy, the lessor’s servicing, operations activities and responsibilities are limited if not non-existent in some instances leaving the cleaning task to the occupant.

Compliance with Local Regulations

Some states clearly establish who is in charge of the air duct cleaning based on the local codes and regulations. These codes and regulations are usually incorporated into the rental agreement for clarity as they inform who should perform such cleaning.

Scheduled Servicing Arrangement

Under this agreement, the proprietor is responsible for the air duct cleaning including other routine servicing checks and the occupant can later handle the costs. The agreement clearly provides an outline of all the servicing activities as scheduled, how they will be undertaken and how the costs will be distributed between the lessor and the lessee.

Professional Assessment Clause

This provides for the evaluation of the air ducts to determine whether they require any cleaning after which the outcome is employed to establish who is responsible as provided for in the rental agreement. The upshot is that this ensures that the cleaning is always performed as required more so based on professional counsel.

Custom Agreements

This entails many bespoke cost sharing arrangements premised on the prior negotiations between the lessor and the lessee to determine who is liable for the air duct cleansing. This helps to conform to the unique requirements and preferences of the proprietor and the tenant and their biggest advantage is the flexibility accorded to both parties predicated on the custom conditions stipulated in the rental agreement.

The foregoing clearly expounds on who is responsible for the air duct cleaning in a rented commercial building under the different arrangements and rental agreements. After properly elucidating on this subject, you now stand as properly guided in case you have some blurriness.

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