Beyond Ordinary Wear and Tear: The Government's Liability for Building Maintenance in a Temporary Taking

摘要

When real estate is occupied for a period of months or years pursuant to an ordinary landlord and tenant relationship, the parties typically negotiate their respective obligations for maintaining the leased pre - mises and express their mutual understanding in a written lease. When the lease involves a structure, such as an office building or commercial retail space, the landlord generally retains responsibility for maintain - ing common areas and major building systems (heat - ing and air conditioning, plumbing, electricity, eleva - tors, etc.), while tenants sometimes retain responsi - bility for repairs to fixtures within their leased space.