Care of premises: Overview, definition, and example
What is care of premises?
Care of premises refers to the responsibility for maintaining and ensuring the safety, cleanliness, and general upkeep of a property or leased space. This includes addressing issues such as repairs, cleanliness, safety compliance, and general maintenance to ensure the property remains in good condition. The responsibility for the care of premises is usually outlined in lease agreements or contracts and can apply to both residential and commercial properties.
For example, a tenant may be responsible for keeping the premises clean, making minor repairs, and notifying the landlord about larger issues that require attention. In a commercial lease, the business renting the space might be responsible for keeping the building in good repair and ensuring it complies with safety regulations.
Why is care of premises important?
Care of premises is important because it ensures that the property is maintained in a way that is safe, functional, and comfortable for its occupants. It helps prevent damage to the property, ensures that the space meets legal and safety standards, and protects both the property owner and the tenant from liability. For landlords, having clear terms about the care of premises helps ensure the property is kept in good condition and reduces the risk of legal disputes. For tenants or businesses, understanding their responsibilities helps avoid penalties, damage, or the need for expensive repairs.
In some cases, the failure to properly care for premises can lead to a breach of contract or legal liability, particularly if the premises become unsafe or unsanitary.
Understanding care of premises through an example
Imagine a retail store leasing a commercial space. The lease agreement specifies that the store must keep the interior clean, ensure that the lighting is functional, and handle minor repairs (like fixing a leaky faucet). The landlord is responsible for maintaining the roof and the structural integrity of the building. If the store fails to keep the space clean or ignores required repairs, they might face penalties or be held responsible for damages.
In another example, a residential tenant may be responsible for keeping the apartment in good condition, maintaining cleanliness, and reporting issues like a broken appliance to the landlord. The landlord, on the other hand, is responsible for ensuring that the building’s plumbing, electrical systems, and structural components are in working order.
An example of a care of premises clause
Here’s how a care of premises clause might look in a lease agreement:
“The Tenant agrees to maintain the premises in a clean, safe, and orderly condition and to promptly notify the Landlord of any needed repairs or maintenance. The Tenant shall be responsible for the upkeep of the interior of the premises, including minor repairs and cleaning, while the Landlord shall be responsible for the structural and external repairs of the property.”
Conclusion
Care of premises is an essential aspect of property management, ensuring that both tenants and landlords meet their respective responsibilities for maintaining the property. Clear guidelines and expectations about the care of premises in contracts help prevent disputes, ensure legal compliance, and keep the property safe and functional for its users. Whether in residential or commercial settings, understanding and adhering to the care of premises terms is key to maintaining a positive and functional rental relationship.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.